What to expect when you see a family lawyer about property settlement
Your marriage is over and you decide its time to see a lawyer about what you are entitled to. Sometimes seeing a lawyer can be daunting and confronting. Particularly having to talk about personal and private issues. You are not really sure how it all works.
Usually when you contact a legal firm they will ask you a couple of questions regarding your property settlement or parenting issue or divorce. They will also ask you for the name of your spouse/partner. This is called a conflict check. This check ensures that the legal firm hasn’t already acted or provided your spouse or partner with advice. If they have, then that legal firm won’t be able to assist you.
Upon making an appointment there is usually a reduced rate initial consultation fee that you will be required to pay on the day of the appointment. The person who makes the appointment will ask you to bring some documents along. They are known as disclosure documents and may include a copy of your marriage certificate, bank, credit card and mortgage statements.
Your appointment day has arrived and some of you may be feeling a little nervous. It might be a good idea to bring a support person with you. The lawyer will be talking to you about lots of things and it’s handy to have someone else there to remember details that you might forget.
It is also a good idea to make a list of any important things that you wish to speak to the lawyer about. You will probably find that in the meeting those things are addressed, but sometimes they are not.
The lawyer will talk to you about how the process works through written negotiations and the possibility of commencing Court proceedings, if negotiations fail. The lawyer may also speak to you about other methods of resolving disputes like mediation or the collaborative law process. They will also advise you of the estimated costs.
The lawyer will also discuss with you the four step process. The first step is to ascertain the value of you and your spouse/partner’s assets and liabilities. The aggregate of those assets and liabilities is known as the ‘asset pool’ which is to be divided between you.
The second step is to consider the contributions each party has made to the asset pool, including who worked and who did not (financial contributions), non financial contributions, parenting and homemaker, any special contributions such as gifts or inheritances.
The third step: the lawyer will consider you and your spouse/partners future needs. This includes your age, health, abilities to earn and responsibilities for child rearing.
The fourth step is a legal test to safeguard that property settlements are fair to both of you. Your lawyer should be able to in most cases give you a range of what you should be entitled to.
The discussions with you and your lawyer are always interactive because of the exchange of information between both of you. At the end of the meeting you should hopefully feel comfortable and well informed.
