Divorce: 6 Questions a Family Lawyer May Ask

12 April 2023
 Categories: , Blog


Divorce is a difficult and emotional process that can take a toll on everyone involved. If you're considering filing for divorce in Australia, you'll likely want to consult with a family lawyer. During your initial meeting with a family lawyer, they may ask you a number of questions to determine how they can best help you. Here are six questions you may be asked during your initial meeting with a family lawyer in Australia.

Have You Lived Separately for 12 Months? 

Under Australian law, a couple must be separated for at least 12 months before submitting an application for divorce. The 12-month period starts when one person communicates to the other that they intend to separate. The family lawyer will want to know the date of separation to ensure that the 12-month requirement has been met.

Are There Any Children Involved?

If you have children, the family lawyer will want to know their ages and whether they are living with you or your spouse. They will also want to know if there are any custody disputes or concerns about the children's welfare. Child custody and support arrangements can be complex, so it's essential to discuss these issues with a family lawyer.

What Is Your Financial Situation?

Divorce can be costly, and the family lawyer will want to know your financial situation. They may ask about your income, assets, debts and expenses to determine what financial arrangements may be necessary. This information can help them negotiate a settlement that is fair to both parties.

Have You Attempted Mediation?

In Australia, couples are required to attempt mediation before they can go to court for family law matters. Mediation involves a third party who can help the couple resolve their disputes. The family lawyer will want to know if you have attempted mediation and what the outcome was.

What Is Your Ideal Outcome?

The family lawyer will want to know what you hope to achieve through the divorce process. Do you want to keep the family home? Do you want sole custody of the children? Do you want to split assets 50/50? Having an idea of what you want can help the family lawyer develop a strategy to achieve your goals.

Are You Willing to Compromise?

Divorce can be contentious, but compromise is often necessary to reach a settlement. The family lawyer will want to know if you are willing to compromise on any issues to avoid a costly legal battle. They can help you weigh the pros and cons of different settlement options and negotiate a settlement that works for both parties.


Divorce can be emotionally and financially draining. If you're considering divorce, it's essential to consult with a family lawyer so they can support you every step of the way.