29.08.2011
An Introduction to Family law and our Family law team
Our Family Law Team is dedicated to providing clients with high quality services by offering a broad range of experience in family law matters including:-
- Issues relating to Children
- Issues relating to Property Settlement
- Binding Financial Agreements
- Applications for Divorce
- Spousal and Adult Child Maintenance
- Child Support Issues
All of the above matters relate to not only married couples but also de facto couples, including same sex relationships.
CHILDREN’S MATTERS
We can arrange for parties to attend mediation in an attempt to agree the arrangements for the future care of children affected by separation.
We can also prepare necessary documents to evidence agreements reached by parties in respect of the arrangements for children such as an Application for Consent Orders in the Family Court.
We can also assist in preparing the necessary documents to commence proceedings in the Court if agreement cannot be reached between the separated parties.
Not only are we able to act for the parents of children but we are also able to assist other parties who have played a significant role in a child’s life, such as grandparents and other significant adults.
PROPERTY SETTLEMENT
Following separation, it is usually necessary for the parties to divide their assets and liabilities in a manner that is appropriate.
The Family Law Team is able to assist in determining what the assets are of a relationship and how they should be divided taking into account the Family Law Act.
If agreement can be reached then an Application for Consent Orders can be prepared. If agreement cannot be reached then proceedings will need to be commenced in the Family Court. The team at Kott Gunning is able to assist whatever the circumstances.
We are also able to provide advice to other interested parties in respect of property proceedings to protect what might be their entitlements to matrimonial property. This includes possible claims by parents to a party who may have loaned the parties money during a relationship or marriage.
BINDING FINANCIAL AGREEMENTS
With second marriages becoming more prevalent these days parties need to consider how they can protect significant assets they may bring into a new relationship. This can be done with the preparation of a Binding Financial Agreement.
These agreements can be prepared before the commencement of the relationship or marriage, during the relationship or marriage and at the end of a relationship or marriage. The agreement can deal not only with leaving property brought into a relationship out of any ultimate division in the event the relationship breaks down, but can also deal with what will occur to property at the end of a relationship.
SPOUSAL MAINTENANCE
There are circumstances following the breakdown of a relationship where a party can apply to the Court for a periodic or lump sum payment by way of spousal maintenance. Whilst there are quite specific issues that need to be dealt with when making such an Application, each case is looked at individually. The team is able to provide advice in respect to the likely chances of making a successful claim for spousal maintenance.
ADULT CHILD MAINTENANCE
Child Support is not payable in respect to children aged over 18 years. It is however, possible under certain circumstances for an Application to be made on behalf of an adult child for financial assistance. We can advise on making such applications.
CHILD SUPPORT
Whilst issues relating to the financial support of children are dealt with by the Child Support Agency, clients sometimes require assistance in respect to assessments made. We can advise in this respect.
DIVORCE
A Divorce can be applied for by either party to a marriage following 12 months of separation. We can assist in the preparation and filing of such an Application.
Our family law team consists of:
Ashley Crisp - Partner
Ashley started his legal career by completing his articles at Paterson & Dowding in 1984 and becoming a partner of that firm in 1987. At Paterson & Dowding he worked in a variety of areas including family law and acting for insurers in insurance law disputes and litigation.
In April 1992 he founded the firm which is now known as CCS Insurance Law to focus on insurance law advice, dispute resolution and litigation.
Ashley’s legal experience spans over 25 years and he joined Kott Gunning as a partner in 2010.
He has served on two Law Society of WA committees and is a member of the Law Society of Western Australia and the Law Council of Australia.
Ashley is a partner in the insurance law section and he is the partner with oversight of the Family Law team.
Loretta Caré – Senior Family Lawyer
Loretta Caré joined Kott Gunning our Senior Family Lawyer in February 2011.
Loretta was admitted into practice in December 1998 after completing a 5 year Articled Clerkship. Loretta specialises in the area of Family Law and has over 20 years experience providing advice and representation to clients in respect to Family Law and De Facto matters in Western Australia.
Loretta has extensive private practice experience, is a very experienced and highly regarded family lawyer.
Loretta is a member of the Law Society of Western Australia, the Family Law Practitioners’ Association of Western Australia and the Women Lawyers of Western Australia.
Kristy Lee Hislop – Law Clerk
Kristy is a Law Clerk working within the Family Law Team. Kristy has 8 years experience in working with Family Law clients and assists our Lawyers in the day to day management of files.
Kirralee Corby – Secretary
Kirralee is the sections Secretary who has 4 years experience working with Family Law clients and offers our section invaluable assistance.
To talk to any of our Family law team please contact us on (08) 9321 3755.