Family law proceedings can become very stressful. The last thing you should be worrying about is exorbitant legal fees. However, your family law fees do not necessarily have to become a burden. We have provided our top 10 tips on ways in which you can keep your legal fees reasonable!
Although family law proceedings can at times be costly, ensuring you get proper legal advice is very beneficial. It can reduce stress by providing you with an understanding of your rights and what’s involved in family law proceedings.
In our experience, having a family lawyer represent you in family proceedings can help you receive a more favorable property settlement outcome compared to parties who represent themselves.
Here are our 10 top tips to help you save money on your family law fees
1. Get legal advice early
Obtaining advice early in proceedings is important so that you and your lawyer can come up with a plan on what your matter will involve. At the end of each meeting with your lawyer, ask about the next step in your matter so that you remain up to date with proceedings.
2. Make a list of questions you want answered before every appointment
Having a list of questions and concerns regarding your matter will result in a shorter appointment time as you won’t need to take time to recall the questions you had planned to ask. It will also help eliminate the need for you to call your lawyer after your appointment to ask the questions you had forgotten.
Remember: every time you call your lawyer, you may be charged.
We also recommend you send your list of questions to your lawyer before your meeting so that your lawyer can be prepared.
3. Take notes of discussions with your lawyer
Taking notes during your meetings and telephone calls with your lawyer will help you recall what was discussed. This eliminates the need to ask the same question twice. It also reduces the time spent on communication, which helps reduce your legal fees.
4. Prepare your financial documents
You will usually be required to provide:
- 12 months’ worth of bank statements (including savings accounts)
- All mortgage statements
- Your last three tax returns
- Recent payslips
- Current superannuation statements
We also recommend requesting you and your ex-partner’s superannuation fund details. This provides information to both lawyers about the assets and liabilities of the relationship.
This will also give both parties an approximate indication of the total value of financial assets. Taking this extra step can save your lawyer time and help reduce your fees even further.
5. Limit your questions to only legal issues
We empathise that family law proceedings can become stressful and emotional. Your family lawyer will support you to the best of their ability. However, they are only qualified to give legal, not emotional advice.
To reduce costs, keep discussions focused on legal issues only. This will help keep your meetings shorter and reduce your fees.
If you need emotional support, we recommend arranging an appointment with a counsellor. You may also be eligible for free counselling or a Medicare rebate.
6. Try to remain reasonable when undertaking settlement negotiations
When it comes to family law proceedings, both parties will need to make concessions.
It is more productive and cost effective to resolve matters sooner by conceding some issues, even if they seem important at the time.
Avoid being unreasonable or threatening litigation as a way of punishing your ex-partner. If you continue to do so, you will also be punishing your wallet.
7. Avoid incessantly calling your lawyer
We understand waiting to hear from the other party may be nerve-racking. However, your lawyer will contact you as soon as they receive a response.
Constantly calling your lawyer for updates will only increase your legal fees.
If you have a basic message, it is best to leave it with their legal assistant.
8. Provide your lawyer with any information they request
Your lawyer will often request written material to prepare court documents, such as affidavits.
Providing this material will improve efficiency in preparing legal documentation and reduce legal fees.
9. Organise all documents before sending to your lawyer
Before sending documents, ensure you:
- Organise them in chronological order
- Prepare a list of all documents provided
- Send electronic copies where possible
This helps the law clerk work more efficiently and reduces your legal costs.
10. Finally, respond to your lawyer’s requests in a timely manner!
We cannot stress how important this is. Lawyers must meet strict deadlines, including responding to the other side.
If you delay responding, your lawyer may need to follow up with you. This increases costs. It may also lead to unnecessary applications or motions.
Respond promptly to avoid extra costs and to prevent the other side using delays against you.
Key considerations
As you can see, there are many ways to keep your legal fees as low as possible. Our family lawyers can discuss these strategies with you throughout your matter.
Although legal fees can be significant, obtaining legal representation from an experienced family lawyer can improve your property settlement outcome.
If you or someone you know wants more information or needs help or advice, please contact us on (03) 9422 5439 or email [email protected].