Solicitors who practice in this area will ask you for the relevant information (to provide a preliminary advice) at the first interview. If additional information is needed, it can be obtained after the first interview.

Prior to the first meeting it is worth thinking about:

(i) key dates, including dates of birth, co-habitation, marriage and separation;

(ii) details of any significant financial contributions made by either of you or anyone on either of you behalves;

(iii) what each of your assets, liabilities and superannuation consist of currently (with estimated values);

(iv) what each of you had (in terms of assets, liabilities, superannuation and resources) at the commencement of the relationship;

(v) details of each of your financial, non-financial and homemaker and parent contributions through-out the marriage; and

(vi) any matters that would affect either of your earning capacities going forward and what you expect the ongoing arrangements for the care of the children will be, including the level of child support you will likely receive or pay.

Noting that every circumstance is different and that the information sought will depend on your particular circumstances.

No

There are many alternative dispute resolution options.

A mediation convened by a Senior Family Law Barrister can act as a circuit breaker in some circumstances, leading to agreement being reached between you and your former partner.

Having an independent expert review your situation can assist you and your former partner to: understand your options, assess the strengths and weaknesses of your positions and consider possible solutions.

The child support agency website has a calculator that enables you to get some idea of what periodic child support you would receive or be required to pay, in a usual, fairly straightforward, situation.

The first return date (when both parties are present) is usually an opportunity for you to discuss a possible resolution to the Application. It is unusual for a First Hearing to take place on that day.  If the matter continues to be contested, then it will usually proceed to another court date.  It is prudent to have a representative at the first return date

Yes. However, you may want to (and in most circumstances you should) reflect any agreement in either a Child Support Agreement or court Orders, to ensure it is binding.

No, a financial agreement only deals with what happens if you and your partner separate. You need to obtain advice from a Wills and Estates expert on what will occur upon either of your passing, whilst you are together.  They will give you advice on your circumstances and any steps you may need to put in place eg. a Will and an appropriate binding superannuation nomination.

Many couples obtain separate legal advice and then have discussions between themselves (informally or through some form of alternative dispute resolution like counselling, discussions between solicitors, a round table conference or a mediation) and agree a property settlement and children’s arrangements.

For any agreement to be binding it must be reflected in Consent Orders (with a Form 11 Application for Consent Orders) that are then filed at Court.

Whether or not a resolution can be agreed promptly can depend on many factors.

It is prudent to involve your accountant and financial adviser at all stages of the negotiation of a property settlement. Their advice is particularly important in determining what asset mix you will seek by way of property settlement and in obtaining advice on any proposed settlement to ensure there are no adverse tax, duty or charge consequences. A Family Lawyer cannot advise on these matters.

Yes. You should consult a Wills and Estates expert once you have separated to put in place a new (or a) Will. You should also obtain advice on other estate planning matters, including but not limited to, your binding superannuation nomination.