Klimek & Wijay Family Lawyers Perth Klimek & Wijay Family Lawyers Perth

Klimek & Wijay Family Lawyers Perth specialises in family law and divorce law only. When you choose us, rest assured you are consulting solicitors with unmatched knowledge and expertise in family law.

CALL NOW: 08-9221-5775 AND GET A FREE 15-MINUTE CONSULTATION WITH ONE OF OUR PROMINENT AND RESPECTED PERTH FAMILY LAWYERS.

Our Family Law Services

· DIVORCE

· RESTRAINING ORDERS

· CHILD SUPPORT

· SPOUSAL/PARTNER MAINTENANCE

· PROPERTY SETTLEMENT

· DE FACTO RELATIONSHIPS

· CHILD AND PARENTING ISSUES

· FINANCIAL AGREEMENTS

How can Klimek & Wijay Family Lawyers Perth help?

i. FREE Quick phone chat

Do you have a family law issue you would love to discuss with us? Do you want fresh advice? We offer FREE 15-minute consultations. We have prominent and respected Perth family lawyers waiting to assist you.

What should you expect in our phone chat?

We’ll answer any simple family law questions you may have. We can have a brief discussion on your case and provide fee estimates in some cases. We can also book an initial consultation

ii. Initial consultation

Our initial consultations are meant to get to the bottom of your issue. What can’t be discussed and concluded in our FREE quick phone chats can be addressed at length in an initial consultation. After every initial consultation, you will leave knowing your rights and entitlements as well as what you need to do next.

If you have an upcoming court date, you’ll understand your options, potential solutions, and possible outcomes.

iii. Legal representation

We offer legal representation to clients who want it after their initial consultation. Klimek & Wijay Family Lawyers Perth offer clear strategies on tackling cases and keep clients informed through every stage.

iv. Court proceedings and settlements

We also have the skill and experience required to get you favourable outcomes during court proceedings or settlements.

Meet our lawyers: Perth Family Law Solicitors 2020

Richard Klimek – Legal Practice Director

Richard has handled 250+ trials since establishing Klimek & Wijay Family Lawyers Perth in 2005. He is passionate about family law and readily accessible as the firm’s in-house counsel. Klimek & Wijay clients can count on his access and hands-on approach that ensures matters are handled to completion.

When Richard isn’t practicing, he’s busy doing philanthropic work – raising awareness and funding against family violence.

Rishi Wijay – Managing Director

As the MD, Rishi oversights the firm’s complex financial matters. He is a favourite for high net worth clients with intricate financial structures and issues. Rishi also offers advice on family law issues bordering related disciplines like bankruptcy, trusts, and taxation.

Rishi is a skilled litigator and negotiator who has surpassed client expectations on many occasions.

Julie Visser – Practice Manager

Julie Visser is a highly experienced Practice Manager with expertise in people management & development, career development, performance management, and workforce planning, just to mention a few areas.

When Julie isn’t working, she’s enjoying music, reading, and spending time with her family, friends, and two Aussie Bulldogs (Delilah and Howard).

Devin Sanghavi – Senior Consultant

Devin is a family law expert with multi-disciplinary law practice expertise. He is an expert in wills and probate, conveyance, estate litigation, criminal law, and restraining orders. Devin’s strategic thinking, pragmatic approach and unmatched attention to detail makes him a valuable asset in handling the most complex family law and related matters.

James Versteegen – Senior Associate

Since admission in 2013, James has practiced family law exclusively in regional and national law firms. He joined Klimek & Wijay Family Lawyers Perth in 2019. His expertise is on parenting and finance-related matters in family law (ranging from divorce to complex child relocation matters).

James is passionate about advocacy & community outreach. When James isn’t practicing, he’s busy reading or supporting his favourite football club – Perth Glory.

Lachlan Finchett – Associate

Lachlan advises and represents clients in a wide range of parenting and financial issues in Family Court. He also advises and represents clients in restraining order issues in Magistrates Court.

Lachlan Finchett joined Klimek & Wijay Family Lawyers Perth in 2017.

Tiffany Scott – Paralegal

Tiffany offers high-level legal support. Before joining Klimek & Wijay Family Lawyers Perth in 2019, she worked in several reputable law firms for over 17 years. Tiffany is an expert in family law and debt recovery. She boasts of having 16+ years of multi-disciplinary law firm experience.

When Tiffany isn’t working at Klimek & Wijay Family Lawyers Perth, she’s busy traveling, reading, cooking, listening to her favourite music, and solving puzzles.

Janelle Ireland – Paralegal

Janelle brings high-level legal support to the firm. She has experience working with reputable firms in Perth and New Zealand. Janelle has 11+ years of family law experience, having assisted in many court hearings & trials.

When Janelle isn’t working, she’s busy keeping fit, competing in pageants, and working with charities.

How can our Perth Family Lawyers help you?

a. Divorce

Do you want to make a divorce application in Perth? Our team of Perth divorce lawyers can help you apply for divorce without any setbacks. We can help you make a divorce application as per your unique circumstances.

Your spouse doesn’t need to agree to the divorce application. A divorce application can be made in your sole name (sole divorce application) or in joint names with your spouse (joint divorce application) if all parties consent to the divorce.

Divorce can be physically, emotionally and financially draining. That’s why Klimek & Wijay Family Lawyers Perth handle divorce processes with utmost respect and understanding. Our goal is ensuring all parties involved get the best possible outcome.

b. Restraining orders

Do you need protection from another person’s conduct? We can help you get a restraining order and prevent certain persons from coming near you, your home or workplace. Restraining orders create a protective boundary. When breached, you have grounds to take legal action.

We have a legal team that specializes in restraining orders. We can help you get/defend/uphold a restraining order in Perth. CALL NOW: 08-9221-5775

c. Child support

Do you know your rights and understand your case in relation to child support? Child support can be stressful and confusing. We have a legal team that knows everything there is to know about child support laws.

If both parents can’t get come to a child support agreement privately, we can help. Whether it’s agreeing on an amount to be paid for child support or amending existing arrangements, we have the expertise to help you understand and resolve child support matters.

d. Spousal/partner maintenance

Separations usually create financial imbalance. You can qualify for spousal/partner maintenance if a separation affects you negatively, and you can establish your inability to meet your own reasonable financial needs.

Your former spouse/partner can be compelled by the Family Court to use their income or borrow against capital to provide you with spousal/partner maintenance if there is a reasonable need to do so.

We can provide legal advice as well as help you restore the financial imbalances created by separations.

e. Property settlement/prenuptial agreements

Do you need a prenuptial agreement or advice on one? Prenuptial agreements create certainty on what happens to property after separation. Divorce can be costly if a prenuptial agreement isn’t done correctly. We offer legal support on crafting the actual agreement as well as advice on related aspects.

f. De facto relationships

Can you tell when a relationship becomes de facto? At Klimek & Wijay Family Lawyers Perth, we know precisely what the Family Court considers when determining the existence or absence of de facto relationships.

Get a FREE 15-minute consultation with one of our prominent and respected family lawyers in Perth for the best legal advice on your situation.

g. Child & parenting issues

Separations can have a dramatic impact on children. Child custody cases focus on the best interests of children involved. Such cases can involve child recovery orders if they protect the interests of the children.

Looking for child custody lawyers? Klimek & Wijay Family Lawyers Perth have helped many parents navigate child and parenting issues ranging from child custody to child recovery orders. Talk to us TODAY. We understand the urgency and sensitivity of separations involving children.

f. Financial agreements

Binding financial agreements can be signed during, before, or after marriage. They are critical because they can override Family Law Act provisions when done properly. The complexity of binding financial agreements requires them to be done by seasoned family lawyers only. Otherwise, they can be easily overturned.

You need the best Perth family lawyers to create binding financial agreements that state how property will be shared in case of a separation. They eliminate court processes in regards to property matters.

Our family lawyers have expertise in creating binding financial agreements that reduce the chances of disputes in case of separation.

Klimek & Wijay lawyers can help you in other aspects of family law, including family violence/domestic violence, mediation representation, and more!

CALL 08-9221-5775 and get a FREE 15-minute consultation.

FAQs about family law and family lawyers

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. Family lawyers 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?

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 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.