Family Law FAQs

Frequently Asked Questions about making an enquiry with a Family Law Solicitor

When is the right time to see a Solicitor?

You should always speak to a Family Law Solicitor as early as possible. If you are thinking that you may separate from your partner, it is a good idea to book an initial consultation to discuss your rights and obligations, as well as the steps you may have to face in your separation. If you see a Solicitor early on, you can plan ahead and make informed decisions. If you leave it too late, you may miss a key date which may be fatal to your matter, or you may incur further expenses unnecessarily if we are required to act urgently to protect your interests.

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I have reached an Agreement with my partner, can you represent us both?

Unfortunately no. Whilst you may have reached an Agreement, we can only act for one party, as it is a conflict of interest to act for and advise both of you in relation to your rights and entitlements. Your partner will need to seek independent legal advice.

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I have reached an Agreement with my partner. Do I still need to see a Solicitor?

Yes. If you have already negotiated and reached an Agreement with your partner, you will save significant legal expenses as we do not have to do the negotiating for you. However, you still need to document the Agreement you have reached, otherwise, it will not be formal, binding or enforceable. You should also check to make sure that what you are agreeing to is fair and reasonable, and that you are not settling for far less than what you are entitled to.

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I have received correspondence from my former partner's Solicitor asking me to respond within a certain period of time. What happens if I don’t respond?

Most Divorce Lawyers will require a response from you within seven (7) to fourteen (14) days. If you fail to reply, you may get a follow up letter or phone call. If you leave it for too long however, you can expect that the other party will become frustrated and may threaten Court Proceedings against you. You do not have to consent to Court Proceedings and therefore, they can be commenced without your knowledge. Going down this road will cause you more stress and will become a costly process for you that could have been avoided. You should always pay attention to time limits and ensure you do your best to comply within the time frames. If you communicate with the other party, then you can avoid complications at a later date. Speak to us if you are not sure how to handle the situation and would like us to look at the correspondence you have received.

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If I make an appointment, do I need to bring anything with me?

Yes. Parties are required to provide disclosure. Put simply, disclosure means exchanging copies of statements or documentation evidencing the value of your assets as well as providing some history regarding certain transactions. This helps to assure the parties and their Solicitors that the values are as stated and that there are no hidden assets.

Disclosure also assists you in evidencing your position. For example, if you allege that you brought in significant savings which helped you purchase your first home, it is important that you provide our office with copies of statements evidencing that you had those funds and where they were applied.

For a comprehensive list of what you will need to collate and more information regarding your obligation to disclose, contact us with your enquiry on familylaw@omb.com.au.

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Can I still see a Solicitor if I am still with my partner? I do not want him/her to know that I am seeing a Solicitor.

Yes. Many people come and speak to us because they think their relationship may break down in the near future. This is always a good idea as you can then find out what the process ahead of you is and what you may be entitled to which will make the road ahead less daunting for you. As such, you will know in advance what will happen in the event you decide to leave the relationship or vice versa. What you discuss with us is confidential and as such, we would under no circumstances inform your partner that you have come to see us.

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How do I make an appointment to see somebody?

You can contact our team on 07 5555 0000 or enquire by email on familylaw@omb.com.au. Please ensure you provide a contact number where we may reach you.

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How much will a Solicitor cost?

It is difficult to provide you with a general estimate of fees as every matter is different and will vary in complexity.

For this reason, we offer a free half hour consultation by phone or in person where we will be able to obtain a better understanding of your matter and provide you with some preliminary advices. This also gives you an opportunity to get to know us and make sure you are comfortable with our team assisting you through these delicate matters. If you wish to proceed, our Family Law Solicitor will provide you with our estimate of our fees.

We look forward to hearing from you!

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