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Seeing a lawyer – Queensland
A lawyer can:
- explain your rights, obligations and responsibilities so that you are better able to make decisions
- help you understand the legal process
- negotiate on your behalf or explain your options in dealing with the dispute
- represent you in a family dispute resolution process
- formalise any agreement you make so that it is legally enforceable.
If you have to go to court or urgent action is required, a lawyer can:
- prepare and file documents with the court
- negotiate with your ex-partner or their lawyer
- represent you in court, if necessary.
Preparations
Preparing for a meeting with your lawyer may lessen your legal costs in the future.
You should:
- write down the main issues before you see your lawyer, including contact details of anyone involved in your matter, such as your ex-partner
- write down the questions you want to ask your lawyer. At the appointment, you can write down the answers.
A list of important dates is also useful, such as the date of your marriage, the date of separation, birth dates of children and dates of any other major events.
Meeting with your lawyer
Take all documents related to the issue including:
- any court documents or orders
- your marriage certificate
- any financial documents
- letters
- any other papers you think are important.
At the first meeting you should find out:
- which lawyer will be handling your dispute
- on what basis fees will be charged by the lawyer, for example, in accordance with a court scale of costs or at a fixed hourly rate
- what other expenses (known as ‘disbursements’) will be necessary for example, court filing fees, photocopy charges, expert reports
- whether you will pay your lawyer’s fees at the end of your case or as you go
- the estimated cost
- the steps involved and an estimate of how long your case will take to resolve.
Most lawyers charge for every phone call and meeting (by time) so unless it is really urgent save your questions for one call or meeting.
There are lawyers who are accredited specialists in family law. You can find an accredited specialist in your area by contacting the Queensland Law Society on (07) 3842 5842 or at the Queensland Law Society website (link below).
Representing yourself in court
If you are not eligible for legal assistance and you cannot afford a lawyer, you may need to consider representing yourself.
If you are representing yourself it is important that you know about the relevant law and court process. Your case must be presented to the court in writing, on the correct forms and ‘affidavits’ (written statements of evidence). These must be prepared properly, which requires some skill and knowledge.
The court cannot give you much help if you are representing yourself. You will need to know the information in documents submitted by the other side, how to argue against information you believe is wrong and the rules of evidence and questioning witnesses.
Legal Aid Queensland produces a range of self-help kits that may help you if you are representing yourself. These are available on the LAQ website or from LAQ's offices. You should get legal advice before taking any court action.
More information
Services that can help – Queensland
Related publications
How to run your family law case