What to expect when you meet a family lawyer.

Hello Everyone,

I was recently asked what people should expect when they make an appointment to see a family lawyer.

Most people think that you only need to see a lawyer when your relationship breaks down, but as I have set out in previous blogs; people should also think about seeing a lawyer before they start to live with someone or when they marry to protect their assets in the event that their relationship breaks up.

If you are seeing a family lawyer at the beginning or at the end of a relationship the basic information the lawyer needs will be the same, and that is the specific details of your relationship.

I like to start at the beginning of the relationship and I am likely to ask the following types of questions:-

• The full name of both you and your partner and your dates of birth;
• When you started your relationship and more importantly when you started living together;
• The occupation and approximate salary of both of you when you started living together and information as to how occupations and salaries have changed;
• The assets and liabilities you had when you started living together;
• How have assets been accumulated since – when did you buy assets, how much did you pay for them and how did you fund their purchase;
• If and when you had children – the full names and dates of birth of the children – how you have as a couple cared for children and financed the family since children were born;
• What assets you have now – regardless of if they are in your name, joint names, your partners name or in a company or trust that you control; and most importantly
• What do you want to happen in the future with respect to your assets and children?

Seeing a family lawyer is not like sitting a test. If you can’t remember exact dates or amounts in the first interview, it doesn’t matter, the information can always be found later on, but to give you proper advice as to how to protect your assets during a relationship or to ensure you the best possible result at the end of the relationship, your family lawyer will need to know the specifics of your relationship. Every relationship is different and thus the advice we give is different and tailored to that individual.

After you meet with your lawyer you may decide to do nothing, you may decide to speak to your partner or you might ask your lawyer to write a letter on your behalf. Again it will depend on your particular circumstances.

After your initial advice you will receive a cost agreement which sets out how you will be charged and you may have to pay your lawyer a retainer up front - this will be explained to you by your lawyer.

As always please feel free to comment on this or any other of my blogs. I would also be happy to respond to any questions you may have on this topic.

If you have any further queries please feel free to contact me directly at Septimus Jones & Lee on (03) 9613 6555