Good preparation makes your first meeting with a family lawyer more useful and more cost-effective, and it helps you understand the process. In the first consultation, your lawyer will ask a range of questions to work out the right approach. The more information you can bring, the sharper the advice will be, and this is especially true where business interests, trusts or a complex asset pool are involved. You will not always have every document to hand, and that is fine: bring what you can, and your lawyer will help you obtain the rest. Preparation is the simplest way to make the first meeting count.
What to bringÂ
Your lawyer needs a clear picture of what you own and owe, so bring the documents that establish the asset pool:
- marriage certificateÂ
- bank statements for the property settlementÂ
- evidence of jointly owned assets, such as property, shares, business interests and carsÂ
- a list of joint debts, such as mortgages, tax debts, loans and credit cardsÂ
- details of any child support being paidÂ
- copies of previous legal documents, including court orders and binding financial agreementsÂ
- financial statements from trust accountsÂ
- recent superannuation statementsÂ
- loan documentsÂ
- any other documents you think will helpÂ
Details to knowÂ
It also helps to have the key facts of your relationship and finances at hand, since dates and income figures shape how a settlement is assessed:Â
- key dates, such as when you got together, moved in, married and separatedÂ
- your and your partner’s gross taxable incomesÂ
- details of any inheritances or gifts received during the relationshipÂ
- whether any large sums have been moved from joint accountsÂ
- the names of any companies you or your ex hold an interest in, and their directorsÂ
Preparing for a property settlementÂ
For the property settlement itself, a little extra preparation goes a long way and can speed up the advice you receive:Â
- engage a real estate agent for a written appraisal of any propertyÂ
- gather your last three to five years of tax returnsÂ
- list the assets and debts each of you held separately at the start of the relationshipÂ
- ask your accountant for any documents relevant to the matterÂ
- bring any communication with your ex about family law mattersÂ
Bring your questions tooÂ
A first meeting is also your chance to ask questions, so write them down beforehand. Ask about the likely process and timeframe, the strengths and risks in your position, how property and any business interests are usually dealt with, and what the next steps would be. The clearer you are about what you want to understand, the more useful the meeting will be, and the less likely you will need a follow-up just to cover the basics.Â
In the meeting, your lawyer uses this information to map the asset pool, identify the main issues, and set out your options. The more complete the picture you provide, the less time is spent gathering basics and the more is spent on advice. It also keeps costs down, since your lawyer is not spending chargeable time chasing information you could have brought.Â
If you own a business or hold interests through a company or trust, bring the relevant financial statements and be ready to discuss company structures and directorships. Your lawyer may also ask for a financial statement from the entity, so it helps to know who the directors are. The clearer the financial picture, the sooner your lawyer can advise on protecting your position and business continuity. Book a free 15-minute consultation with Leach Legal to get started.