Initial Consultations Explained
What is Family Law?
Family Law deals with legal matters related to the breakdown of a marriage or de facto relationship, such as separation, divorce, property / asset division, spousal maintenance, as well as with parenting matters which arise during or post separation, such as child custody and parenting arrangements, including live with / spend time with arrangements, parental responsibility and other key parenting decisions.
Family Law is governed primarily by the Family Law Act 1975, which applies to individuals who are married, de facto partners, and those with children.
I'm Separated or considering Separation - where do I start?
First thing’s first – we understand reaching out to a solicitor regarding such a sensitive and emotive issue can be daunting, but please know you’re not alone – for the vast majority of people we see are meeting with a solicitor for the first time, and we’re here to help.
Where we start with all Family Law Matters is with an Initial Consultation. This is a completely confidential 60-90 minute session with a Family Lawyer, and is explained in detail further down this page.
Essentially, all families are unique, and as such all Family Law advice has to be equally as unique in order to be effective and have a chance of resolving issues, rather than inflaming or escalating them.
We want to partner with you in achieving the best possible outcome for you and your family, and the first step to achieving this is to ensure you’re fully informed on your rights and obligations under the Family Law Act, and have clarity on your situation moving forward.
What is a Family Law Initial Consultation?
A Family Law Initial Consultation with Hills Family Law Centre is a session with a senior Family Lawyer approximately 60-90 minutes in duration. Initial Consultations are a completely confidential session, and are typically attended by people either already separated, or still in a relationship but considering separation.
During this time, we will discuss your matter with you to ensure we understand all of the relevant factors unique to your circumstances and provide you with advice on your rights and obligations, as well as answer any questions you may have, and assist you in developing a pathway forward for the resolution of your matter.
Our aim at the end of an Initial Consultation is to ensure you fully understand your position, have had any family law related questions answered, and have a clear understanding of your options moving forward, inclusive of ways in which we might be able to assist you, and the associated costs.
I've heard some horror stories... Could this happen to me?
Sadly, there is a huge amount of misinformation out there when it comes to Family Law. Everyone knows of a “friend of a friend of a friend” who told them all about it. It’s highly unlikely that what you’ve heard is the full story… If something seems unbelievable, there is a decent chance that it is quite literally, unbelievable.
Whilst the Family Law system isn’t perfect, it certainly is designed to ensure fair and equitable division of property, and that barring significant risks to children, that they will have a meaningful relationship with both parents.
When it comes to Property / Asset Division, a myriad of factors are taken into account, including Financial Contributions (wages, inheritances, prior savings, etc), Non-Financial Contributions (e.g. homemaker or parent contributions, etc), Future Earning Potential and Future Needs to ensure the overall settlement is one that would be considered fair and equitable.
With Parenting, the needs of the children are front and centre – including the basic assumption that a child should have a meaningful relationship with both parents. This is something that, pending age and circumstances, may be built up to over time or start immediately, but assuming there are no significant risks to the child posed by either parent, this is the likely outcome.
Do I need to bring anything to an Initial Consultation?
Not at all.
No documentation is required at an Initial Consultation, however if you have the information available to you, an overview of asset and liability values, as well as superannuation balances and incomes is helpful in providing specific details to you.
We understand that many clients will not have all of this information at hand however, and it’s certainly not a barrier to obtaining advice.
Can I bring someone with me to an Initial Consultation?
Absolutely (as long as it’s not the person you have or are considering separating with – more on that below). For the majority of our clients, a Family Law consultation is the first time they will ever receive legal advice, and this is compounded by Family Law being a particularly emotive and sensitive area.
Having a trusted friend or family member with you for an Initial Consultation is welcomed by us, and we encourage them to also ask any questions they may have that might assist you.
The only person who cannot attend with you is the ‘other party’ – e.g. your partner or ex-partner who you wish to discuss separating from. No matter how amicable the separation may be, unfortunately we are legally unable to provide both of you advice on your matter, as it represents a conflict of interest for us.
Will I need to go to Court?
The vast majority of Family Law matters do not proceed to court and are instead settled by consent or agreement.
This can either be a result of a client attending an Initial Consultation with a proposal already agreed by both parties, by a result of us negotiating on your behalf with the other party or their legal representative, by negotiating an outcome during a mediation or by coming to an agreement through other non-Court based avenues.
Matters enter the Court system when all options for a consent-based resolution of the matter have failed, and then the Court will typically run each matter through a defined ‘Pathway’ wherein settling the matter by consent is encouraged. It is very uncommon for a matter to proceed to a Final Hearing to be decided by a Judge.
The jurisdiction for Family Law matters is in the Federal Circuit and Family Court of Australia, and typically a Court matter we are involved in would be held at Parramatta or Sydney CBD. <clunky – fix me>
How are Family Law matters finalised?
We finalise the majority of matters using Consent Orders. This is a suite of documents containing an agreement for property and/or parenting orders that are agreed to by both parties. These orders are lodged electronically with the Federal Circuit and Family Court of Australia, reviewed to ensure they are fair and equitable – pursuant to the Family Law Act, and then these orders are made by the Court, sealed and returned. Once made, these orders then become binding.
Where parties may wish to effect an outcome that may not be considered fair and equitable under the Family Law Act, a Binding Financial Agreement (BFA) is used. A BFA can be entered into before, during, or after a relationship and is commonly referred to as a “Prenup.” By entering into a BFA, you are ‘opting out’ of the protections provided by the Family Law Act, and as such both parties require solicitors to provide independent legal advice on the agreement.
The final way a matter is finalised is by a Judge making orders at a Final Hearing, where all relevant parties are required to give evidence in order for a Judge to make orders. This will occur when a consent position has not been achieved, and a matter has progressed to a Final Hearing.
Why Hills Family Law Centre?
Led by an Accredited Specialist in Family Law, our team practice exclusively in Family Law and understand the unique challenges presented in this complex and emotive area. We work collaboratively with all parties to achieve positive outcomes for our clients as quickly and cost effectively as possible and have success in resolving the majority of our matters without requiring expensive, time consuming and invasive litigation.
We also recognise that in some cases litigation may be inevitable and should this be the case we work pragmatically to prepare your matter for Court, will continuing to try and resolve the matter in parallel.
Our clients are at the heart at what we do, and at all times our team take the time to guide you, and ensure you are fully understanding of your options, expected timeframes, costs and other key factors. We will approach your matter with professionalism, sensitivity and with an overriding goal to resolving your matter amicably, cost-effectively and expeditiously.
How expensive are Family Law matters, and how do I afford it?
Our Initial Consultations are a flat rate of $275 inc GST, with no additional payments or costs associated.
Once we have understood more about your matter, and what you may require to resolve it, within that consultation we’ll start to develop an estimate of costs with you based on different scenarios.
Whilst solicitors charge on an hourly basis, there is a lot more that goes into this than hourly rates – importantly, it’s how long certain tasks are expected to take, and what sort of things are billed / excluded. For this reason, an hourly rate in isolation is quite abstract, and really doesn’t form a meaningful piece of data – an estimate of costs to achieve a particular outcome or milestone is how we prefer to work.
In terms of affordability, some clients may choose to pay as they go, should they have savings or cash on hand to do so. Others may wish to engage a litigation funder, such as JustFund, Plenti or Juel – these funders provide a line of credit for litigation expenses to be repaid at time of settlement. We are able to provide more information and a contact point at each lender should a client wish to explore this, and critically, we receive no incentives or ‘kick backs’ from these lenders – it makes absolutely no difference to us whether you’re paying directly or via a litigation funder – it’s still your money, and we treat it as such.
Practicing exclusively in Family Law, we can also assist you with
Divorce Applications
If your marriage has broken down, we can provide you with detailed and easy to understand advice about how to formally end your marriage by Divorce Order, whether that be by way of a Joint or Sole Application for Divorce being made to the Court.
Consent Orders
In circumstances where parties are able to reach an agreement in relation to parenting and/or property settlement matters, we can assist in having the terms of your agreement formalised by drafting and filing the Application for Consent Orders, together with the proposed Consent Orders with the Court.
Spousal Maintenance
Applications for urgent or interim Spousal Maintenance may be made in appropriate circumstances where a party is in need of financial assistance. We can provide advice in relation to the different applications which can be made in this regard, what you may be entitled to receive by way of maintenance from your former partner and the relevant requirements for such applications to be successful.
Court Representation
Whilst we will always work towards achieving outcomes for our clients without having to go to Court, in circumstances where such a course is unavoidable, rest assured our team of Solicitors are experienced advocates, familiar with the procedures and rules in both the Federal Circuit Court of Australia and Family Court of Australia.
Child Support
Following the breakdown of a relationship, we understand the importance of ensuring appropriate arrangements are made for the financial support of children as a matter of priority. Whether parties are able to come to an agreement between themselves in relation to the payment of child support which may then be formalised by way of a Binding Child Support Agreement, or otherwise an assessment is required by the Child Support Agency, we can assist by providing information and advice in regards to the most appropriate arrangements in your situation.
Mediation & Settlement Conferences
In appropriate circumstances, we encourage our clients to make a genuine attempt to resolve any outstanding family law issues by way of negotiated settlement. We can offer advice in relation to the most appropriate settlement options in the circumstances of your matter, including Family Dispute Resolution Services, Mediation (involving only the parties or otherwise legally assisted Mediation), and Roundtable Conferences.
Domestic / Family Violence
It is an unfortunate reality that domestic and family violence is a feature of many relationships, including the physical, emotional, psychological, verbal and financial abuse of a party, and often this occurs in the presence of children. There are no circumstances in which this behaviour is appropriate. If you are a victim of domestic and/or family violence, we urge you to seek advice so that appropriate actions are taken to ensure your immediate safety and protection and so that we may assist you in regards to the resolution of any outstanding property and/or parenting matters in a safe and expeditious manner. We can also provide advice to parties who have been falsely accused of perpetrating acts of domestic and/or family violence.
Wills
Whilst we endeavour to keep all matters out of court, sometimes Court Representation is necessary. The experienced team at HFLC can assist in both Federal Circuit Court and Family Law Court appearances.