FREQUENTLY ASKED QUESTIONS

KD & Co Lawyers specializes in family law, migration law, wills and estates (including estate planning and deceased estates), and criminal law. We also offer representation in selective matters involving property transactions and intervention orders.

KD & Co Lawyers is based in Largs Bay, South Australia. However, we assist clients throughout the state and beyond, particularly in areas like family law and migration law.

We pride ourselves on providing tailored, client-focused solutions with a modern, approachable perspective. Our emphasis on clear communication, fixed-fee structures where possible, and minimising court proceedings ensures our clients feel supported and informed throughout their legal journey.

Absolutely. We offer virtual consultations and can assist clients who are unable to visit our office in person, ensuring accessibility regardless of your location.

Yes, we represent clients in court proceedings at all levels, including the Magistrates’ Court, District Court, Supreme Court, and Federal Circuit and Family Court of Australia.

We offer a transparent fee structures for all services, particularly in family law, estate planning, criminal law, deceased estates and migration law. Where possible we aim to provide fixed fees or monthly billing to ensure you are kept abreast of your legal fees.

You can reach us by phone at (08) 7084 3060, via email (lawyers@kdandcolawyers.com), or through the contact form on our website. We aim to respond promptly and arrange a consultation at a time that suits you.

To obtain a divorce, you must demonstrate that the marriage has irretrievably broken down, evidenced by 12 months of separation. Applications are made to the Federal Circuit and Family Court of Australia.

Property division considers factors like the length of the relationship, contributions by both parties, and future needs. The aim is a just and equitable distribution.

Parenting arrangements focus on the best interests of the child, considering factors like the child's relationship with each parent and their overall well-being.

FDR is a mediation process to help separating couples resolve disputes amicably without court intervention. It's usually a prerequisite before applying for parenting orders

Family violence includes physical, emotional, psychological, and financial abuse within a family or domestic relationship including past family and domestic relationships.

Child support is determined based on both parents' incomes, the amount of time the child spends with each parent, and the child's needs.

A BFA is a legally binding agreement (essentially a contract) outlining how assets and financial resources will be divided in the event of separation.

Consent Order is a legally binding agreement approved by the Federal Circuit and Family Court of Australia. It is used to formalize arrangements between parties regarding property settlements and/or parenting arrangements after separation or divorce. Once the Court seals the Consent Order, it has the same enforceability as a court order made after a hearing. This means the terms must be followed, and any breach can result in legal consequences. Consent Orders provide clarity, finality, and protection, ensuring all parties are bound by the agreed terms without the need for ongoing disputes or litigation.

If Orders are breached, you can apply to the court for a Contravention Hearing or Enforcement of the Order.

Remain calm, exercise your right to remain silent, and request to speak with a lawyer as soon as possible.

Summary offences are less serious and handled in the Magistrates' Court, while indictable offences are more serious and may be dealt with in higher courts like the District or Supreme Court.

Bail may be granted depending on factors like the offence's seriousness, your criminal history, and the risk of reoffending or failing to appear in court.

Police must have a warrant or reasonable grounds to conduct a search. You have the right to ask for the reason and to see the warrant if applicable.

A conviction can affect employment prospects, travel opportunities, and result in fines or imprisonment, depending on the offence.

A spent conviction is one that, after a certain period without reoffending, doesn't need to be disclosed in most circumstances, effectively clearing your record.

While legally permissible, self-representation is not advisable due to the complexities of criminal law. Professional legal representation is recommended.

A duty solicitor provides free legal advice and representation to individuals appearing in court without a lawyer, typically for minor matters.

If convicted, you may in certain circumstances appeal the decision to a higher court, which will review the case for legal errors or miscarriages of justice (based on your application).

Intervention orders are court orders designed to protect individuals from abuse or harassment by restricting the offender's behavior and contact. In South Australia, a final order remains in place unless varied or revoked.

Eligibility requires a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, among other criteria.

Processing times vary but can range from several months to over a year, depending on individual circumstances and application completeness.

Applicants may be granted a bridging visa with work rights while awaiting a decision, depending on the visa subclass and individual circumstances.

A bridging visa allows you to legally stay in Australia while your substantive visa application is processed, maintaining your lawful status.

Evidence may include joint financial statements, shared household bills, photographs together, and statements from friends and family.

You may have the right to appeal the decision to the Administrative Appeals Tribunal (AAT) within a specified timeframe.

Yes, dependent children can be included in your application, provided they meet the eligibility requirements.

If your relationship ends due to domestic violence, you may still be eligible for permanent residency under certain provisions designed to protect victims.

When someone dies without a Will (intestate), the estate is distributed according to the Succession Act 2023 (SA), which sets out a hierarchy of beneficiaries.

A deceased estate includes all the assets and liabilities left behind by someone who has passed away. This may include property, money, shares, and personal belongings, as well as any debts owed.

An executor is responsible for managing the deceased’s estate, including gathering assets, paying debts, and distributing the estate according to the Will’s terms.

Probate is a legal document issued by the Supreme Court confirming the validity of a Will. It is often required by institutions such as banks or land registries before they release the deceased’s assets.

If there is no Will, or if the appointed executor is unable to act, the Court may issue Letters of Administration to authorize someone to manage the deceased estate.

Yes, a Will can be contested if an eligible person believes they have been unfairly left out or inadequately provided for. This is known as a family provision claim

A Deed of Family Arrangement is a legal agreement used to settle disputes among beneficiaries by varying the terms of the Will with everyone’s consent.

Family provision claims must be made within six months of the grant of Probate or Letters of Administration.

Debts are paid from the deceased’s estate before distribution to beneficiaries. If the estate’s assets are insufficient, the debts may remain unpaid.

The time frame varies depending on the estate's complexity, whether Probate is required, and if any disputes arise. It typically ranges from several months to a year.