Family and Divorce Lawyers
When you need a fresh start, talk to one of our family lawyers.
Whether you’ve just separated or you’ve been apart for quite some time, our family law fresh start advice is personalised to you and your unique situation.
What our advice session includes
1-2 hours with a qualified family lawyer.
Customised to your unique situation.
Tailored answers to the questions you have.
Real actionable legal advice (not a free consult sales session.)
Digestion time. Go away, think about our advice if you want, come back if you wish.
Complimentary follow-up phone meeting answering any further questions.
What our fresh start advice doesn’t include
A sales pitch.
‘”Free” legal advice.
Document drafting, we are here to talk and advise – not to draft documents. We will review current orders, agreements or plans and advise on them generally but we can’t advise on complex legal documents in depth (contact us for that).
You can expect us to listen to your current concerns about your separation issues and discuss your rights, the process and the best first next steps. Our family lawyers can help you on various family law matters:
- financial separation
- child custody
- binding financial agreements
- consent orders
- domestic violence
Firstly our fresh start advice is not a sales attempt nor is it a ‘free’ consult, and we will not try to push you one way or the other. We will give you options based on your situation. If you wish we will also provide you with costs if we were to represent you.
What you can expect
If you’re concerned about the financial side of things
We will discuss with you the likely outcome of your financial separation.
We will examine the property pool
We will examine your current assets and liabilities. We will generally talk about what you currently own together or separately and any liabilities. We will ask about superannuation, the family home and any investments you may have. We will ask about businesses, shares and anything else.
Although it’s helpful, you don’t need to have a full list of your assets and liabilities at this stage, and we can work with rough estimates. If you have no idea, we can work with that too, but we may ask some questions. We can generally work out the value of things by looking at where properties are located, how long someone has been working and what their salary has been or what makes or models cars are.
We can put all of that together to work out a rough idea of the property pool although these methods aren’t exact, it’s useful to fill in gaps and to help determine if anything may be missing from the pool.
We will discuss who contributed to what
After we have an idea of the property pool, we will then ask you some questions about what we call contributions. Contributions may be financial or non-financial. It may include being the homemaker or breadwinner. We will ask questions like how much super did you have at the start? Has anyone given or loaned you money? Have you or did they have investments or assets at the beginning of the relationship? These are all relevant questions and help us determine the contributions.
Contributions are a deciding factor in who gets what in a family law financial separation, however, the longer the relationship goes on for, the less these factors count; therefore we may or may not ask these question depending on if we assess it to be relevant.
We will talk about who needs what in the future
Future needs impact what is fair in a financial separation. We will ask if you or they have any illnesses that might affect your future, or if you or they will have care of a child.
Once we’ve discussed the above with you, then we can advise you on the following:
- A fair financial split percentage;
- The best way to negotiate about getting that fair financial split percentage;
- Your options for you once negotiations have finalised; and
- The total cost of your legal matter to the negotiation stage
If you don’t know your assets and liabilities
It is okay if you don’t know your assets and liabilities in detail. We can gauge this by asking some questions about your lifestyle, employment and other factors.
If you are concerned about the parenting side of things
If you are concerned about parenting, we can provide you with advice on your current situation and what we can do to improve or protect it.
We will ask you some questions about your children, the other parent and what the unique issues are that need advice.
We will talk about negotiation
We provide advice on negotiating parenting arrangements, formalising parenting arrangements and protecting current arrangements that are already in place.
We will discuss any likely actions we might take, for example, writing to the other side and proposing formalising a current arrangement or asking them to consider changing the current arrangements.
We will talk about mediation
If you have an upcoming mediation date, we can discuss that to including whether you or the other side is being reasonable in the case. We will discuss with you what to propose and how to propose it in mediation. If you wish, we will even discuss how we might represent you at the mediation.
We will talk about court
If you have an upcoming court date or you think it’s going that way, we can discuss your case, the likely outcome and the costs of pursuing it with our representation.
If you don’t want to progress past the initial advice session
Many of our clients have advice and then come back to us when they have thought it through, some even go away and manage to sort things out on their own. We will discuss with you what your likely goals are from the session and we will tailor our advice to that. THIS IS NOT A SALES SESSION.
Once you have digested what we’ve said to you, you can book in for a complimentary follow up call so we can answer any more questions you might have.
How much is our fresh start advice?
Our fresh start advice is $350.
Where can we do the fresh start advice?
Over the phone or in person at any of our locations. Call us on (07) 3317 8346.