A first family law consultation is not a test. You do not need to arrive with every document, remember every date or have already decided what you want to do.

The purpose of the meeting is to help the lawyer understand what is happening, identify any immediate concerns and explain what information or next steps may be relevant.

A little preparation can make the conversation more focused. It should not, however, delay you from seeking advice if there is an urgent court date, a safety concern or pressure to make an important decision.

Quick overview

Before the consultation, try to prepare:

• a short summary of what has happened
• a simple timeline of important dates
• any court documents, orders or letters from another lawyer
• notes about current parenting arrangements
• basic property and financial information
• copies of any proposed agreements
• a short list of questions
• details of any urgent deadlines or safety concerns

Bring what you already have. Your lawyer can help you work out what else may be needed.

Begin with a short summary

Write a few paragraphs explaining the situation in your own words. Focus on where things stand now and what you need help understanding.

Your summary might cover:

• whether you are considering separation or have already separated
• whether children are involved
• whether property or financial issues need to be resolved
• whether court proceedings or intervention orders are involved
• what the other person is proposing
• what is causing the most concern now

You do not need to describe every event in the relationship. A concise overview usually gives the lawyer a clearer starting point than a long history without clear dates or issues.

For example:

We separated in May. Our two children are staying with me during the week and with the other parent on some weekends. We have not agreed on school holidays, and I have also been asked to sign a proposal concerning the family home.

This gives the lawyer an immediate picture of the parenting and property issues that may need attention.

Prepare a simple timeline

Dates can affect the advice you receive, so prepare a short timeline where possible.

Useful dates may include:

• when you began living together
• the date of marriage, if relevant
• when the relationship ended
• when one person moved out
• when parenting arrangements changed
• when significant financial events occurred
• when court documents or legal correspondence were received
• any upcoming court, mediation or dispute resolution dates

Exact dates are helpful, but approximate dates are better than leaving an important event out completely. Mark anything you are unsure about as an estimate.

Bring urgent documents first

If you have received court documents, an intervention order, a letter from another lawyer or a proposed agreement, place these at the top of the material you bring.

The lawyer may need to see:

• the complete document and its attachments
• the date it was received
• any response date or court date
• related correspondence
• any existing orders or agreements

Bring the complete document rather than only its first page or a screenshot, where possible. The wording, dates and attachments may all be important.

If a court date or deadline is approaching, tell McDonald Legal when arranging the consultation. Do not wait until the meeting to mention it.

Organise information about children

Where parenting arrangements are involved, prepare a clear summary of what is happening now.

Useful information may include:

• each child’s name and age
• where the children are currently living
• how time is presently divided
• school or childcare details
• current changeover arrangements
• medical or support needs
• any parenting plan or parenting orders
• concerns about communication, relocation or safety

Keep the notes practical and focused on the children’s current circumstances. Victoria Legal Aid’s information about parenting arrangements and child contact explains that parents are encouraged to try to agree on arrangements while considering what is best for the children.

You do not need to arrive with a final parenting proposal. The consultation may help you identify what needs to be decided and whether any arrangements should be recorded more formally.

Prepare a basic financial picture

If property or financial issues are part of the matter, prepare a simple list of assets, liabilities, income and other financial resources.

This may include:

• the family home and other real estate
• mortgages and personal loans
• bank accounts and credit cards
• superannuation
• vehicles
• shares and investments
• businesses or trusts
• tax liabilities
• significant personal property
• inheritances or other financial resources

Bring current statements where they are readily available, but do not delay the consultation while trying to obtain every record.

In family law property matters, relevant financial information and documents may need to be disclosed. The Federal Circuit and Family Court of Australia’s guidance on the duty of disclosure explains that disclosure can extend to direct and indirect financial circumstances and continues as circumstances change.

If you do not have access to some financial records, make a note of what is missing. A lawyer can advise on what information may be relevant and what steps may be available to obtain it through the appropriate process.

Bring proposals and important correspondence

Bring any document or message that contains a current proposal about children, property, money or future arrangements.

Examples include:

• a proposed parenting arrangement
• a draft property agreement
• a settlement offer
• correspondence from the other person or their lawyer
• messages about selling or refinancing property
• correspondence about school, travel or relocation
• a request to sign a document

You do not need to print every message exchanged since separation. Select the correspondence that best explains the current issue, proposal or concern.

Where there is a large volume of material, prepare a brief chronology and keep the remaining documents available in case the lawyer asks to review them.

Identify anything that may be urgent

Some issues should be raised as early as possible.

Tell the lawyer or the person arranging the appointment if:

• a court date or response deadline is approaching
• there are immediate safety concerns
• children have not been returned as expected
• a significant relocation is being proposed
• property may be sold, transferred or refinanced
• substantial funds are being removed from joint accounts
• you are being pressured to sign an agreement
• existing court orders may not be followed

These circumstances do not always require the same response. Raising them early allows the lawyer to consider what may need attention first.

If you or another person is in immediate danger, call Triple Zero on 000.

Write down the questions you want answered

A first consultation can cover a considerable amount of information. Writing down your questions helps keep the discussion focused on what matters most to you.

You may want to ask:

• What are the main legal issues in my situation?
• Is anything urgent?
• What should I avoid doing at this stage?
• What documents should I gather next?
• Should I respond to the proposal I received?
• What options may be available?
• Could the matter potentially be resolved without court?
• What should I expect after this consultation?
• What fees may apply if further work is required?

Place your most important questions first. It may not be possible to resolve every issue in one conversation, particularly where the circumstances are complex.

What you do not need to have ready

You do not need:

• every bank statement from the relationship
• a perfectly written chronology
• a final parenting or property proposal
• complete knowledge of the other person’s finances
• answers to every question the lawyer may ask
• certainty about whether you want to begin legal proceedings

A first consultation is often the beginning of the information-gathering process. It can help separate immediate concerns from matters that can be addressed later.

What the consultation may help clarify

Depending on your circumstances, the consultation may help you understand:

• which issues need attention first
• what documents or evidence may be useful
• whether a deadline or risk needs to be addressed
• how parenting or property issues may be approached
• whether negotiation, dispute resolution or court-related steps may be relevant
• what further legal work and costs may be involved

McDonald Legal’s family law services assist Melbourne clients with separation, parenting arrangements, property settlements, divorce, intervention orders and related family law matters.

Family law advice should reflect the facts of your situation rather than a general assumption about what happens after separation.

Speak with McDonald Legal

You do not need to have every detail organised before speaking with a lawyer. Bring the information you already have, explain the situation in your own words and be clear about anything that may be urgent.

McDonald Legal offers a free thirty-minute consultation for people who need to understand their position and the next appropriate step.

To arrange a private consultation, contact McDonald Legal or call (03) 9070 1107.