Our Services

Family Law

FINANCIAL Agreements

Couples can enter a Financial Agreement specifying the division of the property each of them and both of them in the event the relationship breaks down.  A Finacial Agreement can be made prior to, during and after separation; and effectively the agreement precludes the couple from the justice system by oustering the Court from making an Order.  Most importantly, Financial Agreements can be set aside by the court and therefore must comply with the requirements set out in the Family Law Act (1975) Cth.   Both parties to a Financial Agreement are required to obtain independent legal advice.  At Kirra Legal, we strive to find the best outcome for our clients. If you require comprehensive advice or assistance in preparing a  Financial Agreement, please contact us online or call us today on (07) 5536 5313.

PROPERTY DIVISION

There are three processes whereby the property pool can be divided following the breakdown of a marriage or de facto relationship, they are:

  • 'Financial Agreement' arrived at through a personal agreement between both parties, either by themselves or perhaps via mediation but, the parties may seek to formalise the agreement as a 'Court Order by Consent' upon making application to the court;
  • 'Court Order by Consent' can be entered with agreement of both parties, without going before a judge, and these Orders will bear the seal of the court; 
  • 'Court Order by Judge' where parties are unable to reconcile their differences and elect to have their matter litigated in court in front of a judge.

Kirra Legal recognises that all family matters are unique and we tailor our advice to produce the best outcome for each and every client. If you require comprehensive advice or assistance with property division, please contact us online or call us today on (07) 5536 513.

ACCESS TO CHILDREN

There are three processes by which parents (and significant others) can formalise access to children following the breakdown of a marriage or de facto relationship, they are:

  • 'Parenting Plan' arrived at by personal agreement by the parties themselves or perhaps through mediation as required under the Family Law Act (1975) Cth prior to filing an 'Initiating Application' with the court (execpt for a narrow range of execeptions).  Parenting Plans are confidential and not enforceable by a Court.  But,, a 'Parenting Plan' can be converted to an enforcable 'Court Order by Consent' upon application to the court.  It is encumbant on legal practitioners to advise their client's that they may resolve their parenting issues via a 'Parenting Plan' prior to filing an Initiating application with the  court.  It is noteworthy that less then 5% of famly law matters reach final hearing, the other 95% are resolved by the parties along the way - this explains the emphasis on on mediation which pervades the Family Law Act (1975) Cth. 
  • 'Court Order by Consent' may be entered without going before a judge if access to children is agreed between all parties, and there are no child safety issues at large.  If required, a single issue in a 'Court Order by Consent' can be varied with the agreement of all  parties via a subsequent 'Parenting Plan' in respect of that particular issue - this is noteworthy as circumstances will change as children attain 18 years, particularly, if the orders were entered when the children were young; 
  • 'Court Order by Judge' if agreement is not reached after participating mandatory mediation, parents may seek the assistance of the Court and bring the matter before a Judge. 

At Kirra Legal, we strive to find the best outcome for our clients. If you require comprehensive advice or assistance in formalising parenting arrangements, please contact us online or call us today on (07) 5536 5313.

Alternative Dispute Resolution

There are numerous forms of Alternative Dispute Resolution (ADR) available; ADR is an alternative to the legal process which often produces more satisfying and long lasting outcomes than litigation. Effective ADR will initially front load some extra expense into a family law matter but, if successful ADR will result in an overall saving in cost, time and reduce conflict but, in the event ADR is not successful in fully resolving the dispute, ADR can still be effective by reducing the contentious issues to be litigated in Court. Extensive preparation for ADR is desirable to optimize the chances of a successful outcome. At Kirra Legal, we strive to find the best outcome for our clients. If you require assistance with ADR, please contact us online or call us today on (07) 5536 5313.

Wills and Estates

As Wills and Estate Planning lawyers on the Gold Coast and Northern NSW, we provide assistance for clients seeking answers to questions in relation to Wills and Estate Planning issues. Kirra Legal strives to provide proactive legal advice that is current, relevant and beneficial to our clients.

We can advise you in the preparation of all types of Wills and offer a complete Estate Planning service including Enduring Power of Attorney and Enduring Power of Guardianship, Executor Services (Probate) and administration of intestate estates (where there is no valid Will).

Kirra Legal Lawyers will work with you to address any concerns you may have, and provide you with the right advice. We can assist with the preparation of your Will, assist you with the administration of a deceased estate or help with a claim regarding a Will:

Should grandchildren, property, investments, charities or a family business be considered?

What is the taxation liability that could impact on your executor and beneficiaries?

Do you need an Advanced Health Directive (a Living Will)?

Do you want to know more about Estate and Succession Planning?

Our team at Kirra Legal can also advise you about all aspects of Wills, Estate and Succession Planning, inheritance issues and deceased estate claims. Kirra Legal lawyers will ensure your Will is structured in the most effective way, taking into account your wishes and the needs of your beneficiaries. At Kirra Legal, we understand the importance of obtaining a Will that is tailored to your specific needs.

An up-to-date Will is not a luxury, it is an absolute necessity. To speak to Wills and Estate Planning lawyers on the Gold Coast and Northern NSW and discover how we can assist you please contact us online or call us today on (07) 5536 53 13.

Property Conveyancing

Kirra Legal understand the many legal issues that can arise in relation to property sales and acquisitions. However, when you choose Kirra Legal, the work is conducted by experienced professionals who can assist with all forms of sales and acquisitions information and other areas you may need legal advice and representation across the following areas:

  • Business Sales & Acquisitions;
  • Conveyancing and Settlements;
  • Document preparation;
  • Lease agreements;
  • Transfers and Sub-letting;
  • Caveats.

At Kirra Legal, we strive to find the best outcome for our clients. If you require a property lawyer on the Gold Coast or Northern NSW, please contact us online or call us today on (07) 5536 53 13.