Part one of my 6 Part series was all about being informed on what you need to know should you decide to separate from your spouse. Part two is centered on your decision to separate. You have decided to separate. At this stage, you have either chosen your lawyer or you’re meeting with a lawyer for the first time following your break up.  

You will get more out of your first meeting if you attend it prepared.

1. Take some time prior to your meeting to write down any questions or concerns that you have.  You want to leave your first meeting more informed and knowledgeable than when you arrived at it.  

2. Have your photo ID ready and confirm in advance if there is a charge for the first meeting and if so, does it have to be paid upfront. If it has to be paid upfront, which method of payment is accepted?  

3. Prepare a document package for the lawyer that contains your last three years of filed Income Tax Returns, Notices of Assessment, and Notices of Reassessment, if any; if you are employed, your current paystub or a letter from your employer stating your year to date earnings, rate of pay or salary and any benefit package and pension information. Including a copy of any Will or Power of Attorney, bank account, credit card and line of credit statements and your Prenuptial Agreement, if any, would be very helpful. Documentation on any investments including RRSPs and RESPs as well as your gross monthly expenses for childcare, if any, would be important to your lawyer.

4. The lawyer is going to ask you a series of questions with the objective being to obtain pertinent facts so that he or she can properly advise you as to the best plan of action as well as any probable outcome you could receive either in a settlement or from a judge. As a result, it would be helpful for you to prepare your “wish list“ of what you would like to have in a settlement.  

5. First meetings typically last in between one hour to one hour and a half.  Leave enough time in your schedule to be able to use all the time available. If you have not yet retained the lawyer you are seeing, allow time at the end to discuss the lawyer’s hourly rate and retainer amount. If the lawyer requires you to sign a Retainer Agreement, ask to take a copy home with you so you can read it on your own time.

Until Part 3, all for now,