My family is separating — what now?

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Family law solicitors

Finding a family law solicitor

You should get independent legal advice about your situation to protect your safety and so you can make informed decisions and fully understand the implications of anything you agree to or sign regarding your children or your finances.

What type of solicitor should I choose?

Collaborative law solicitor

The collaborative law process is where both parents, their lawyers and any other professionals involved, agree not to go to court or threaten to go to court to resolve a dispute. If you decide to resolve your matter out of court through the collaborative law process then you and your partner will each require the assistance of a collaborative law solicitor.

Collaborative Law in Australia has more information about collaborative law and access to collaborative lawyers in your region.

Family law solicitor

If you are not using a collaborative law solicitor then try to engage a solicitor with experience in family law matters. The Law Society in your state can refer you to private solicitors in your area. It can also provide information about private solicitors who do Legal Aid work.

Try and find a family law solicitor who has experience in dealing with family violence. Remember to ask the solicitor about:

• Legal Aid,
• what they will do for you, and
• how much the solicitor will cost.

Your solicitor can:

• Advise you on family violence and family violence orders.
• Advise you about your rights regarding children, maintenance and property.
• Advise you about any proposed agreement before you sign it.
• Advise you about the possibility of resolving issues in dispute by using services such as counselling, conciliation and mediation.
• Negotiate a settlement of financial or parenting issues on your behalf.
• Represent you in court if there is a dispute about children, property, maintenance or child support.

What should I take to my solicitor?

You will save yourself time and money if you prepare before seeing your solicitor. The kind of information you may need to collect includes:

• A copy of your marriage certificate.
• Children’s and partner’s names and dates of birth.
• Birth certificates.
• The name of your partner’s solicitor.
• A list of assets including the address of all real estate owned by you or your partner and any documents relating to their purchase or recent title searches.
• Market appraisals of your home and any other real estate.
• A list of valuable personal property, such as cars, jewellery, appliances, cameras and electronic equipment and valuations.
• A list of bank accounts, stocks, shares or other investments that you and your partner have, stating whether they are held singly or jointly and recent valuations.
• A list of debts including mortgages, personal loans, credit cards and charge accounts.
• A list of monthly expenses.
• Recent pay advice slips for each working partner.
• Copies of income tax returns for you and your partner for the past three years.
• If you own a business, copies of business tax returns and financial statements for the past three years.
• Copies of medical insurance and life insurance policies for both you and your partner.
• Copies of any superannuation documents for both you and your partner particularly the names of the superannuation funds in which either of you may have an interest.
• If either you or your partner has been divorced, a copy of the divorce papers.
• A list of your non-financial contribution to the household i.e. renovations, home decoration, child duties, garden work.
• A list of assets owned by you and owned by your partner at the commencement of the relationship.
• A list of any inheritances, gifts from family or friends to either you or your partner, windfalls such as lottery wins that you or your partner may have received during the relationship or following separation.

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• Page updated: Nov 18, 2009