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Family Law
Accredited Specialist
We are experienced in all aspects of family law and provide services in:
Kelly Leydon is a senior lawyer and recognised as an accredited specialist in family law.
Kelly has a broad range of experience helping clients in all facets of family law, including property and parenting matters, child support, spousal maintenance, financial agreements and de facto relationship matters. She has also helped LGBTI families, grandparents and other significant people in children’s lives through the family law process.
Kelly has an empathetic and understanding approach to her clients and listens to their objectives. She understands the importance of ensuring her clients fully understand the legal process and how it relates to them, and is committed to providing sensible and realistic advice that is efficient and cost effective.
Kelly has a Law degree (LLB) from Deakin University and has been accredited as a Specialist in Family Law by the Law Institute of Victoria.
In her previous role Kelly assisted hundreds of clients through their relationship break down and has a focus on trying to achieve settlements through negotiation rather than litigation where ever possible. However, where litigation is necessary, Kelly is able to draw on her many years of experience to guide clients through the Court process to achieve a successful outcome.
Kelly is an avid supporter of the Union movement and is a member of the ASU. She follows in the footsteps of her brother and other family members who also tirelessly work within the trade union movement.
Kelly’s aim for all of her clients to is navigate them through the family law process as swiftly and efficiently as possible with an understanding that a relationship breakdown is for many people a very difficult, and at times, stressful period.
Kelly has chosen to work at Gordon Legal in the belief the firm will offer clients access to the best quality and cost efficient legal service in all areas of law.
As a family lawyer it is important to me that I am approachable, down to earth and empathetic with people who need advice and guidance through what is, for most, one of the most difficult times they will go through in their lifetime. Navigating a family law settlement and understanding the law can be stressful and confusing, and it is my job to alleviate that stress and deal with the legal issues so my clients don’t need to worry about them.
1. You should make a note of the date you separated from your spouse as this date will be important for your Application for Divorce (for married spouses) and the time limits to commence property settlement proceedings (for defacto couples). It may also be an important date when you are negotiating a settlement.
2. You should collate your relevant financial information such as income tax returns, bank statements, superannuation statements, and any other documents that may be relevant regarding your assets and debts that would assist with your property settlement; and keep a diary of all significant events regarding your children and parenting matters.
3. We would recommend that you obtain advice from a lawyer shortly after your separation so you understand how the law would apply in your particular circumstances to help you have discussions with your former partner directly (if possible) or through family dispute resolution to try and reach an amicable agreement.
In most circumstances it is necessary for parents to participate in family dispute resolution to try and reach an agreement about parenting arrangements for their children after they separate, and before they can make an application to the Court in the event they cannot reach an agreement. There are some exceptions to this requirement such as an application needing to be made to the Court in urgent circumstances; where there has been family violence or child abuse; or if it is not practicable to attend for any reason. It may also not be necessary to attend family dispute resolution if you are seeking to enforce a Court Order that was made less than 12 months prior. We can assist you with recommendations to family dispute resolution services, or determine if any of the exemptions apply to you.
It is not necessary for parties to attend family dispute resolution in relation to a property settlement.
We would recommend that you seek advice before attending family dispute resolution. If you are able to reach an agreement at family dispute resolution, we can assist you to formalise any agreement you have reached. It is important to note that any agreement reached at family dispute resolution is not binding until you have either obtained a Consent Order from the Court or entered into a Binding Financial Agreement.
Once parties reach an agreement regarding the division of their property after separation, it is important to have the settlement formalised by either a Court Order or a Binding Financial Agreement.
Sometimes people will simply write up an informal agreement at home and sign it. However, without either a Court Order or Financial Agreement, any agreement you reach will not be binding or enforceable. This means that either party can seek to renegotiate the agreement, or make an application to the Court for a property settlement at a later date. This can lead to the burden of legal costs and the stress of dealing with a Court proceeding for a property settlement, sometimes many years after you separated.
Having an agreement formalised once you reach a settlement is highly recommended and will alleviate any concerns about a settlement being challenged at a later date (other than in exceptional circumstances). It will also give you the comfort of being able to deal with any assets in the knowledge that a settlement with a former spouse has been dealt with.
Arrangements regarding your children do not necessarily need to be by way of a formal binding agreement if both parties can make amicable arrangements for the children. However there will be occasions when having a Court Order regarding the parenting arrangements for your children may be required, or a sensible way of dealing with the arrangements so there is no doubt about when the children will spend time with both of their parents or other significant people in their lives. We would recommend that parties seek advice about these matters.
Superannuation is considered an asset of a relationship and in normal circumstances it will be included in the pool of assets to be divided between the parties at separation. The superannuation is able to be ‘split’ between the parties respective superannuation funds.
It is important to obtain advice about your superannuation and how it may be dealt with as part of a settlement before you finalise an agreement with your former partner.
The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.
Kelly is an accredited specialist in family law. She has a broad range of experience helping clients, including LGBTI couples and families, in all facets of family law, including: parenting and property matters, child support, spousal maintenance, financial agreements and de facto relationship matters.
Kelly follows in the footsteps of her family members who work tirelessly within the trade union movement.
Once you have contacted us, we will organise for you to speak with an experienced lawyer who will go the distance with you and your claim.
We will be in touch within 1 business day if you email. Or you can call 1300 59 95 17, 9am-5pm, Monday - Friday
We can assist you anywhere in Victoria and New South Wales. We can travel to you, or we can talk via Skype or over the phone.
We listen until we understand, and quickly provide the best advice so you can make a well-informed decision.
By Kirstie Grigor, Head of Criminal Law and Kelly Leydon, Principal Lawyer, Accredited Specialist in Family LawThe current situation in Melbourne and right across Australia has resulted in less freedom of movement and more time spent at home, which has ... Read more
By Kelly Leydon, Principal Lawyer, Accredited Specialist in Family Law The COVID-19 pandemic is having a significant impact on families who are separated or separating, and those experiencing family violence. We understand this is a difficult time to ... Read more
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