Do I Need a Family Lawyer?

Answer 10 simple questions below to understand your situation and find out what level of legal support you may need.

By Laura Summerville, Legal Practice Director & Co-Founder, Elysian Law

Not sure if you need a family lawyer yet? These are the same questions our family lawyers ask when someone first reaches out. Answer honestly to get a clearer picture of your situation and whether it's time to seek advice.

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The Questions
Question 01 of 10
Have you separated from your partner or spouse within the last 12 months?
Recent separation, including separation under one roof, changes what evidence and timing considerations apply.
⚖ Early Advice Matters

Getting advice early protects your position on property, parenting, and finances before arrangements become informal habits that are harder to change later.

Book an Initial Consultation →
✓ Established Separation

If you have not yet formalised a property settlement, time limits may apply. We can confirm where you stand at your consultation.

Question 02 of 10
Do you have children under 18 with your former partner?
This includes biological, adopted, or step-children currently living with either parent.
⚖ Parenting Matters Require Priority

Parenting arrangements are assessed against the children's best interests, so it is worth understanding your current care arrangements before deciding your next step.

Discuss Parenting Arrangements →
✓ No Parenting Considerations

Your situation can focus on property and financial matters rather than parenting orders.

Question 03 of 10
Is there a current domestic violence order, or any immediate safety concern, involving you or your children?
This includes an existing DVO/AVO, a pending application, or a recent incident not yet reported.
⚖ Priority Booking

Safety concerns are always treated as urgent. We will prioritise your consultation and discuss protective options alongside your family law matter.

Request Urgent Appointment →
✓ No Immediate Safety Flags

You have more time to weigh up your options before deciding whether to seek advice.

Question 04 of 10
Is there already a family law matter listed before the Federal Circuit and Family Court, or another court?
Includes any filed application, interim hearing date, or matter currently before a Queensland court.
⚖ Court Deadlines Apply

Active matters have fixed filing and hearing dates. We will need copies of all court documents at your first appointment.

Get Help With Your Court Matter →
✓ Pre-Court Stage

There is more flexibility to explore negotiation or mediation before any court application becomes necessary.

Question 05 of 10
Have you attempted family dispute resolution or mediation with your former partner?
Most parenting court applications require a genuine attempt at mediation first, unless an exemption applies.
✓ Mediation Attempted

If mediation was unsuccessful, we can review the outcome and advise on your next steps, including a Section 60I certificate where relevant.

⚖ Worth Discussing With a Lawyer

Mediation is not always appropriate, particularly where safety concerns exist. We will help you assess whether it suits your circumstances.

Talk Through Your Options →
Question 06 of 10
Do you and your former partner own property, superannuation, a business, or other significant assets together?
Includes jointly owned real estate, shared debts, business interests, and combined superannuation balances.
⚖ Financial Disclosure Will Be Needed

We will ask you to gather bank statements, super balances, and property valuations ahead of your first appointment to speed up advice.

Prepare for Property Settlement →
✓ Simpler Financial Position

A first consultation can move quickly to parenting or other priorities.

Question 07 of 10
Is your former partner already represented by a lawyer, or have they indicated they intend to engage one?
Knowing this in advance affects how quickly we recommend you formalise your own representation.
⚖ Levelling the Playing Field

Negotiating without representation while your former partner has a lawyer puts you at a disadvantage. We would recommend engaging promptly.

Get Representation →
✓ Even Footing

You still benefit from independent advice, even informally, before agreeing to anything in writing.

Question 08 of 10
Do you have any documents already prepared, such as financial records, prior agreements, or correspondence with your former partner?
Bank statements, tax returns, existing parenting plans, or emails and messages relevant to your matter.
✓ Ready for a Productive First Meeting

Bringing these to your consultation lets us give you more specific advice from the outset.

⚖ We Can Guide the Checklist

At your first consultation, we will give you a clear list of what to gather before your matter progresses, so nothing is missed.

Get Your Document Checklist →
Question 09 of 10
Has this matter, or a related matter, previously been handled by another lawyer or firm?
Includes prior advice, a previous firm you have since left, or a matter you started without a lawyer.
⚖ File Transfer May Be Needed

We will ask for your consent to request a copy of your file from the previous firm so we can pick up your matter without delay.

✓ Starting Fresh

A first consultation will cover the basics of how family law applies to your situation from the ground up.

Question 10 of 10
Do you feel unsure about what you are entitled to, or what happens next?
Even if your situation seems simple, uncertainty is a valid reason to seek advice sooner rather than later.
⚖ That Is Exactly What a Consultation Is For

Our first appointment is designed to answer these questions directly, so you leave with a clear picture of your options.

Book Your First Consultation →
✓ Well Prepared

We will still confirm the finer details with you, including anything specific to Queensland family law procedure.

This tool is for general informational purposes only and does not constitute legal advice. Every person's situation is unique. Please consult a qualified family lawyer for advice specific to your circumstances.
Call us on TEL (07) 31 881 799 or get in touch online.
If you are in immediate danger, call 000. For 24/7 support call 1800RESPECT (1800 737 732).
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