Practising in Family Law Since 1978

Introduction:

You should not fear making an appointment to discuss your Family Law concern, as this first appointment is free.

Any Family Law issue can be draining as it is in effect spending “negative energy”. As part of our role we understand the need to work in a way that helps you continue your life as normally as possible in all areas, including work and family.

We know that separating or divorcing is hard. Often children are involved. Financial matters need to be dealt with. Assistance of various kinds is necessary, including from friends, other family, and counselling.

We help in an empathetic manner with the challenges that may arise. We work as a team in helping to reduce stress in difficult times. We discuss with you the best approach in avoiding, or at least reducing, any anger or bitterness between the two partners, to avoid increasing animosity that might otherwise develop.
PKR is a smaller “boutique legal firm” with a very personalised approach. We work in such way to reduce legal fees as much as possible and emphasise compromise, for example, in some aspects of property settlement negotiations.

We take the time necessary to get a full understanding of the issues in your particular situation, to achieve the outcomes that you need.

We take pride on confidentially and trust, as an integral part of objective legal advice and service we provide, in working hard on obtaining these outcomes.
Giving each matter the devotion it deserves reduces stress and achieves a timely outcome.

We focus on resolving issues and provide advice on out-of-Court settlements. You can rely upon our extensive negotiation skills. However if Court action should be required, you can rely upon our reputation to fight hard for our clients in all that is important to them.

We also offer legal services in fields complimentary to Family Law, including Wills, Powers of Attorney and Conveyancing.

Areas of Assistance:

There are many areas where we can assist in different ways, depending upon your particular circumstances and wishes.

These include in particular:

  • Property division and divorce
  • Binding financial agreement
  • Pre-nuptial agreement
  • Consent Orders (filed with the Court)
  • Children matters including parenting time/visitation
  • Child support
  • Restraining Orders – various, including leaving the State
  • Proof of paternity

Legal Costs:

We work on a “fair cost” basis. We will “tailor make” a solution for your particular matter.

At the first appointment we discuss the financial aspects, before anything at all is done, which also assists in knowing what you may expect. It is only after you have a clear understanding of this that we will take instructions and do only what is reasonably necessary.

Ensure a successful solicitor/client relationship:

Introduction:

A successful solicitor/client relationship has certain important ingredients – the most important are mutual trust and respect and mutual cooperation.

Trust:
It is essential you trust your lawyer. We have your best interests in mind at all times and in all respects.

On our part, we will trust that you will be honest in all your instructions to us.

Mutual Disclosure:

We will at all times disclose all information as is provided to us, in providing you with ongoing advice as may be required.

It is very important that you disclose to us all information, even that which may not be obvious as important. Our approach is to obtain as much information as necessary – and in this way by your cooperating in the same way, there are no “unexpected surprises” which may later impact upon your matter.

Having more information rather than less, from the start, allows us to analyse your matter properly. You must not feel embarrassed or concerned in any way in providing us with all information, even if it appears not to help your matter. Such information if provided to us early, enables us to deal with it early on – and you may feel comfortable, that our strict duty of confidentiality means we will not disclose any fact without your instructions, or unless otherwise obliged by a Court Order.

 

Cooperation by you:

There are various aspects to the cooperation that you need to provide – which helps you to avoid delays and reduce costs. Firstly, by searching for and providing us with relevant documents early, this assists us in getting on with your matter and at a lower cost. This includes documents such as marriage licence, birth certificate, bank account details and superannuation documents.

If you prepare a chronology of events, or brief summary, in date order, early, this assists us to more quickly fully understand your matter and reduce costs.

It is important that you accept and follow our advice promptly at all times. If we require any further documents, please provide these promptly. If you do not understand exactly what we require please ask as soon as possible.

If there is any change to your personal circumstances, such as the relationship with any children, or change of address or contact numbers, it is important that you advise us immediately. This assists in considering any updated facts before doing further work or giving you further advice.

 

De Facto relationships:

Two partners living as a couple without the formality of a marriage contract can be somewhat more complicated – the law recognises de facto relationships to some extent in different ways.

Outside of the Family Law Act, de facto relationships are often treated the same as a formal marriage. However there are some differences under the Act and, depending upon your particular situation, you may need to understand those differences at some point in time.

It is important that you obtain accurate legal advice at an early time as to all matters that you may need to deal with, particularly as to children matters and property division. For example there is no automatic 50% division of property, as there are many factors that are relevant to any such division.

Avoiding Family Law Court Hearings is assisted by early legal advice and working with the other partner’s legal advisor, in attempting a fair resolution through skilled negotiations.

In the first instance it is necessary to consider whether a de facto relationship does indeed exist. Under the Family Law Act, this is defined as a couple who have been living together on a genuine domestic basis, not married to each other (and not related by family).

Property division between de facto partners is dealt with by the Family Law Act. For any claim to this, a partner must demonstrate that either:

  • A de facto relationship has existed for at least 2 years, or
  • There is a child or children together, or
  • That a partner has made significant contributions to this relationship.

There are many factors determining the overall financial entitlements of each partner, which are best considered with you personally, but includes the duration and precise nature of the relationship, including mutual commitment to each other, any common residence, financial aspects between the partners, commitments to their children and other aspects.

We will be pleased to discuss any matter that you may wish to raise with us at your first appointment.