Practice Areas
We think “outside the box” for workable, practical solutions to suit your situation
OUR PRACTICE AREAS
Separation or Divorce
We mainly practice in family law, which includes divorce applications, parenting arrangements, and property division matters. Whether you’re thinking about separation, or already separated, book a no obligation initial appointment with KEA Legal to find out your rights and responsibilities in relation to parenting and/or property matters.
We'll help you navigate the often-complex family law issues that follow a relationship breakdown, whether you were in a marriage or defacto relationship. Our goal is to help you move forward with certainty, as quickly as reasonably possible.
We don’t judge. We understand that separation and divorce can be very difficult for everyone involved and that the circumstances of each separation are unique. We know separation is rarely easy. So we take the time to listen to and understand the needs of each of our clients.
At your very first appointment, we will give you professional and accurate advice and a plan for your way forward. We’ll explain your options so that you have the confidence to make decisions that are right for you and your family.
We are committed to keeping things simple, so court proceedings are always a last resort. We will always try negotiation and mediation to reach a collaborative outcome, wherever possible. We can customise practical options to suit your individual situation – with manageable fees and a minimum of fuss.
If safety is a concern for you, your family members, or property, see our domestic and family violence section.
See our About Us page under Separation or Divorce to see our fixed fees for these services.
Domestic & Family Violence
Protection orders
In Queensland, “DVOs” or “AVOs” are called protection orders. Generally, these terms refer to a court order that protects the Aggrieved (the victim), by limiting the behaviour of the Respondent (the person who is using or threatening domestically violent behaviours). Queensland Police can also issue a Police Protection Notice which is basically a temporary protection order that they can put in place immediately, until the matter can be listed before the court.
A protection order always includes the mandatory conditions that the Respondent must be “of good behaviour” toward the Aggrieved, and anyone else named on the order (which may be children, family or associates of the Aggrieved) and not commit any acts of domestic violence. The court may also include other conditions prohibiting the Respondent from approaching, contacting, or trying to locate the Aggrieved or other named persons. Protections orders and Police Protection Notices can also declare that the Respondent is not allowed to visit or live at the Aggrieved’s address, even if both usually live there together. This depends on the severity of the allegations in the application for a protection order. Police Protection Notices may also include a specified “cool down period”.
A protection order is a civil matter so it does not show on a criminal history check. However, once a protection order or Police Protection Notice has been served on the Respondent, any breaches of the conditions are criminal offences that may be charged by the police. Respondents are also prohibited from having a weapon or a weapons licence while an order is in place.
Who can apply for a domestic violence protection order?
People in the following types of relationships are able to apply for domestic and family violence protection orders as the Aggrieved:
- a person who is (or was in) an intimate personal relationship with the Respondent (for example, dating, de facto, engaged, married, or previously in any of these types of couple relationships)
- a person who has (or did have) a family relationship with the Respondent (for example, a parent, step parent, in-laws, sibling or cousin, etc)
- a person in an informal care relationship, where one person is dependent on the other person for help in an activity of daily living, like dressing and cooking for them.
The police may also decide to apply for a domestic violence order for anyone in the above types of relationships, even if both of you don’t agree.
Changing a domestic violence protection order
The Aggrieved, the respondent or any other person named in the order can apply to vary (change) the domestic violence protection order. However, if the police have taken out the order they can oppose the application.
The aggrieved or the respondent can apply to change:
- the conditions on the order
- the people named on the order
- the length of the order (to make it shorter or longer).
Other people that may be named on the order (for example, friends or family) can only apply to change the parts of the order that relate to them.
Protection orders and family court orders
A protection order can be made even if there are family court or other orders in place. The magistrate must be made aware of any such orders so that they can consider those before deciding to make a protection order.
Cross applications
A cross application is where both parties apply for protection orders against each other. Should this occur, the court will join the matters to be heard together if possible, including transferring them to the same location.
If you’ve been served with a protection order or an application for a protection order
We are experts in domestic violence applications and urge you to make a no-obligation initial appointment with us to find out what your options are.
In the meantime, ensure that you carefully read and follow the conditions of any protection order (or Police Protection Notice), even if you don’t agree with it. Remember that breaching the conditions may lead to criminal charges against you. Whether you have been served with an order, or just an application for a protection order, take careful note of the date and location of the listed court date. If you do not attend court, a final protection order (for five years) may be made in your absence.
So that you are aware of your options and the processes involved, it is important to seek legal advice before the court date, ensuring you provide all paperwork received. KEA Legal can assist with legal advice, document preparation, and legal representation, if required, whether you are the Aggrieved or the Respondent.
See our About Us page under Domestic & family violence to see our fixed fees for these services.
Financial Agreements
Pre-nuptial agreements, Binding Financial Agreements and consent orders
“Prenups” exist in Australia, but they are formally known as Binding Financial Agreements.
Binding Financial Agreements can be made between de facto or married couples regarding their financial matters – before or during the relationship, or after separation.
We can draft your agreement to ensure it will be binding and comply with the relevant legislation. If properly made, these agreements are legally binding on both partners if the relationship breaks down.
We can also provide a certificate of independent legal advice for parties considering an agreement drafted by your partner or their lawyers.
See our About Us page under Financial Agreements to see our fixed fees for these services.