Our Process

While family matters can be emotionally draining, our lawyers try to minimise stress and simplify the process.

Phone Consultation

This 15 minute phone consult is your first opportunity to speak to a lawyer.

Initial Consultation

You will leave your consultation knowing your rights, entitlements and what to do next.

Court Proceedings

While our lawyers strive to settle matters, we have the skill to secure you the right outcome through Court proceedings.

View associated fees

Free.
Fixed fee $400.
Each month our lawyers provide a detailed account of work completed, and fee estimates for the next month, as well as the finalisation of your case.
At each Court event, you will be advised of your expected fees for each stage of the Court process.

1. Phone Consultation

This 15 minute phone consult is your first opportunity to speak to a lawyer.

View associated fees

Free.

2. Initial Consultation

You will leave your consultation knowing your rights, entitlements and what to do next.

View associated fees

Fixed fee $400.

3. Legal Representation

Our lawyers will provide a clear strategy of how we plan to finalise your case and the key stages on that journey.

View associated fees

Each month our lawyers provide a detailed account of work completed, and fee estimates for the next month, as well as the finalisation of your case.

4. Court Proceedings

While our lawyers strive to settle matters, we have the skill to secure you the right outcome through Court proceedings.

View associated fees

At each Court event, you will be advised of your expected fees for each stage of the Court process.

Our Approach

An honest assessment of your rights and entitlements.

A transparent break down of the process, time frames and expected fees.

Clear communication from beginning to end.

Honest
Transparent
Clear

We are one of Perth’s largest and most experienced law firms

Meet the team

Why Klimek & Wijay?

Seven quick reasons:

1. Law Society of Western Australia Approved Quality Practice

We have received the Quality Practice Standard from the Law Society of Western Australia.

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2. Accredited Specialist

Our Legal Practice Director has received accreditation as a Specialist from the Law Society of Western Australia.

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3. Highly Experienced

With over 50 years of combined experience, we are one of Perth’s largest and most experienced teams.

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4. Dedicated Lawyers

Family law has become an increasingly complex and specialised field. We focus only on family law matters and restraining orders.

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5. Well Connected

Family law matters often require the engagement of expert accounting, taxation, financial planning and estate planning professionals. Since establishment in 2005, our lawyers have developed an extensive network of trusted professionals in these crucial areas.

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6. Community Focussed

We are the pro-bono partner of WA’s largest community legal centre. We offer weekly advice sessions for low income earners and individuals affected by family violence.

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7. Socially Conscious

We have a long-standing relationship with White Ribbon Australia. We are proud to partner in their campaign to end domestic violence in Australia.

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1. Approved Quality Practice

Law Society of Western Australia Approved Quality Practice

We have received the Quality Practice Standard from the Law Society of Western Australia.

Contact us
2. Accredited Specialist

Accredited Specialist

Our Legal Practice Director has received accreditation as a Specialist from the Law Society of Western Australia.

Contact us
3. Highly Experienced

Highly Experienced

With over 50 years of combined experience, we are one of Perth’s largest and most experienced teams.

Contact us
4. Dedicated to Family Law

Dedicated Lawyers

Family law has become an increasingly complex and specialised field. We focus only on family law matters and restraining orders.

Contact us
5. Well Connected

Well Connected

Family law matters often require the engagement of expert accounting, taxation, financial planning and estate planning professionals. Since establishment in 2005, our lawyers have developed an extensive network of trusted professionals in these crucial areas.

Contact us
6. Community Focussed

Community Focussed

We are the pro-bono partner of WA’s largest community legal centre. We offer weekly advice sessions for low income earners and individuals affected by family violence.

Contact us
7. Socially Conscious

Socially Conscious

We have a long-standing relationship with White Ribbon Australia. We are proud to partner in their campaign to end domestic violence in Australia.

Contact us

Our lawyers have a great success rate. In fact, over 95% of our cases are settled saving our clients the stress and costs associated with a trial.

MC, Rural WA

"Both Rishi and Tamara are very thorough, professional, and did the work to help me reach an outcome. Despite the copious amounts of material, they could find the facts at their fingertips. My husband's lawyer couldn't do that. Rishi looked after me, but he also helped me to take the emotion out of it. He kept me informed about what would happen in logical, clear way."

LR, Ocean Reef

"Tamara and Rishi have a very thorough approach. Tamara kept Rishi informed on my matter, and he stepped in when it came to the nitty-gritty. Whenever I was not confident or didn't understand something, Rishi explained it to me in a language I understood clearly and efficiently."

HF, Applecross

"Stewart managed all of the groundwork, but Rishi was still able to keep the details of my case at his fingertips and provide me with high-level advice. Both Stewart and Rishi had great understanding of the law, and approached my matter with empathy. I have great admiration for both lawyers on their ability maintain an in-depth knowledge of my case whilst no doubt working on multiple others."

Klimek & Wijay Family Lawyers Perth are a team of experienced family lawyers in Perth, Western Australia. Our team offer a highly skilled level of legal representation and have a great record of success representing our clients

FAQ about Family Lawyers Perth

Do I need a family lawyer?

You can choose to represent yourself. However, there can be negative financial and emotional implications of doing this. You need a family lawyer to avoid common pitfalls associated with self-representation. Klimek & Wijay Family lawyers Perth are experts in family law.

They know what should be know about the law, making them the best-placed individuals to handle family law issues. While it’s not a must to hire a family lawyer, you need one for the expertise they are able to provide. A family lawyer will also give you that much needed time to heal from your breakup.

What information should I share with my family lawyer?

Lawyers need as much information as possible about your case. They may also need related information to prepare a strong case. While family law cases come with privacy concerns, there’s no cause for worry when dealing with reputable family lawyers.

How do I find the best family lawyer in Perth?

Perth family lawyers should be highly skilled and experienced. They should have a good success rate in the specific area of family law you are interested in. They should also be aggressive in pursuing justice or the best outcome for you but be sensitive about the nature of family law cases. Most importantly, they should be available. While most lawyers have their pros and cons, focus on a reputable family law firm in your area that is proven and tested.

It’s advisable to look at the entire law firm and reviews. You should also take your time and make a decision based on gut instincts after doing your homework.

What should I tell my divorce lawyer?

Yes! Your divorce lawyer should get as much information as possible for him/her to be able to get the best outcome for you. While some information may appear irrelevant to your case, withholding information requested can compromise your case. Being open also fosters a good relationship. Divorce lawyers can’t understand their client’s motives fully unless they are furnished with everything they need.

It doesn’t matter if one party cheated or not. While some lawyers may not be interested in such information, it can help them understand the situation better. So, every minor detail is relevant directly and indirectly.

Does gender matter when choosing a Perth family lawyer? Should my family lawyer be male or female?

Clients are at liberty to choose the lawyer they want to work with. While some people have gender preferences when selecting family lawyers, it’s good to be open-minded. Your selection should also be guided by competence and whoever you are most comfortable working with.

Can I ask my family lawyer about the odds of my case beforehand?

Yes. You can ask your family lawyer what they think about the potential outcome of your case. Seasoned family lawyers can give a realistic estimate of outcomes of any case when furnished with enough basic information.

What happens to debt after separation?

Debt taken for proper purposes is considered genuine by the Family Court. This includes debt taken for purposes such as moving out, maintaining existing assets, etc. If one party to a separation has gambling debt or other debt that doesn’t qualify as debt taken for good purposes, that debt may not end up being shared. The same applies to wastage. Parties that waste assets after a separation can have their entitlements reduced as a result.

How fast should I finalise my divorce or financial separation?

Separating couples with mutual agreements or formally documented agreements have fewer problems to deal with. You should finalize financial separation as soon as possible to avoid problems.

Can a prenuptial agreement be overturned?

Yes. Prenuptial agreements and any other binding financial agreements executed improperly or under duress can be overturned. Changes in circumstances can also render an agreement void. You need the assistance of a family lawyer to create as well as review your binding financial agreements frequently.

Will the assets acquired after separation be included during property settlement?

In family law, property settlements are calculated based on the date of final agreements/orders, as opposed to the separation date. As a result, assets acquired after separation may be subjected to a property settlement agreement.

What will I get/be entitled to if I divorce or separate in Perth, Australia?

In Australia, parties to a divorce or separation are entitled to whatever is deemed fair. This varies by relationship as well as what the court determines to be fair. Generally, the court focuses on a party’s contributions in a relationship. Your initial and continued contributions, as well as your future needs, determine what every party will get.

When should I consult the other parent after a divorce or separation?

It depends. However, there are general guidelines on issues like travel. For instance, children shouldn’t travel out of Australia without both parents consenting to such travel. Unless the parent agreeing to such travel has parental responsibility, they must consult. Unauthorised travel of children from Australia can be prevented by making an application in court for a special order (airport watch list order).

How long should does property settlement take in Australia?

You have a year (from the date of a divorce order) to apply for property settlement. In de facto couples, the time limit is two years from the date of separation.

Can my child choose to live with me over the other parent?

It depends. The complexities of family law make it hard to determine custody based on a child’s preferences. However, there are grounds that warrant such choices, such as mistreatment and the ability of the party in question to take up sole responsibility. You need to consult a seasoned family lawyer to get a clear answer based on your situation.

How will domestic violence affect my child’s custody?

Courts decide on custody based on the best interests of the child. Custody can be granted or alternatives like visitation based on specific situations. If it’s good for the child, the court can grant an abusive parent visitation or custody. This applies when the abuse was directed to the other parent and not the child. However, having good legal representation can increase the chances of a favourable outcome.

How can I save money in family law matters?

While legal representation may seem like an unnecessary cost, it can be the difference between a fair and unfair outcome in settlements, custody, and related matters. A family lawyer will help you get what’s rightfully yours.

What’s more, seasoned family lawyers offer FREE consultations. You can take advantage of such offers to understand your case and decide if you need representation or not. It also helps to have your story together beforehand to avoid wasting time. This applies mostly to lawyers who charge an hourly rate.

What are my obligations in regards to disclosure?

Every party must provide the other party (as well as the court) all information relevant to the case. Cases involving financial issues are also subject to complete and frank disclosure in addition to general disclosure.

Can I pursue alternative dispute resolution?

Relationship disputes are uncomfortable. However, they are inevitable in separation processes making it harder for out of court agreements. You can pursue alternative dispute resolution like mediation representation. However, when such efforts fail, court processes are the way forward.

How can I negotiate the best property settlement?

Depending on factors like the size of the property pool in question and both parties’ contributions, judges decide the best possible settlement. To get the best possible outcome, you need a good family lawyer to present a strong case for you. Good legal representation is crucial if you want to avoid unfair outcomes and other costly eventualities.

Mediation has failed. What should I do?

If mediation fails, you can pursue other alternatives before going to court. To increase chances of a successful mediation, efforts should be made to show the other party what they stand to lose in a court process. A good family lawyer can craft strategies for avoiding court processes. However, when all alternatives fail, court proceedings may be inevitable.

Important: Every case is unique. Mediation isn’t recommendable in some cases. You should attempt to mediate on parenting-related matters unless there is an exemption such as domestic violence.

My child has a health condition. How will this affect child custody?

Disputes over child custody can be based on a child’s health. In such instances, the court will favour the parent that is most capable of offering the child the care they need. The better able to provide for the child’s specific needs and health related issues has a higher chance of getting custody than a parent who isn’t able to do so.

My child has been taken without permission. What should I do?

Do you have parenting orders? If the other parent disobeys such orders by taking the child without permission, failing to return them, etc., you should talk to a family lawyer. You can go to court and seek a recovery order if other avenues such as mediation from family members don’t work.