Areas of Practice
Family Law
Entering Into A New Relationships
Relationships change people’s legal entitlements and obligations and it is prudent when entering into a new relationship to discuss your circumstances with an experienced family law lawyer.
Many couples wish to state their intentions and expectations at the outset of their cohabitation or marriage, by putting this in writing in a Marriage Agreement or a Cohabitation Agreement. These documents outline how the parties will deal with their property and other financial issues during the relationship and in the event the relationship ends or one of the parties dies while they are still together.
As no one can see into the future, a comprehensive agreement can prevent conflict down the road and provide everyone involved with peace of mind. LFK Law will assist you in creating such agreements and can also provide independent legal advice by reviewing with you an agreement proposed by the other party, prior to signing.
Ending A Relationship
When a marriage or marriage-like relationship ends, there are often many issues to resolve, such as the care and support of children and/or spouses and the division of family property and debt - all at a time when emotions and stress levels are running high.
LFK law will provide the legal advice and professional support necessary to help you effectively assess your circumstances and your options. The most important thing you can do to help yourself and your family when facing a family law issue, is to seek advice from an experienced family lawyer as soon as possible.
Lisa favours a non-adversarial approach to resolving family law issues however, this is not always possible. When necessary, Lisa is a strong advocate for her clients in Court. Learn what your rights, entitlements and obligations are under the law, so that you can make informed decisions about appropriate and cost-effective processes for the resolution of your specific issues. Lisa can offer you support throughout the process on all issues arising on the breakdown of a relationship, including:
Divorce
Uncontested divorce (referred to as a “desk divorce”)
Common-law separation
Division of family property and debts
Parenting time; parenting responsibilities; decision-making for children
Enforcement or variation of existing agreements and Court Orders
Child support and enforcement
Spousal Support and enforcement
Protection Orders
Mobility/Relocation with children
Separation agreements
Guardianship
Grandparent contact with children
Independent legal advice and review of draft family law agreements
Estate Disputes
Whether you are a beneficiary of an estate; the named executor of a will; or a loved one has passed without a will and you need advice on how you can proceed to deal with their affairs, LFK Law can assist you with a variety of estate disputes, such as:
Making or defending a claim to vary the terms of a will
Challenging the validity of the will or defending such a challenge
Making or defending claims against executors and trustees of an estate
Applications for Probate or Estate Administration
Beneficiary rights and entitlements
Entitlements of surviving spouses and surviving children (both dependent and independent)
Fiduciary duties of executors
Accounting requirements and distribution of estate assets
Difficult relationship issues arising between family members
A consultation with an experienced estate lawyer, early in the process, can clarify the rights, entitlements and obligations of all parties affected by the death of a family member and the administration of the estate. Many estate issues can be resolved through negotiations or by mediation or arbitration, which can reduce legal fees considerably for all parties and the estate. These various processes can be discussed at your initial consultation with Lisa Kerwin. To learn more about the various dispute resolution processes, click here.
Elder Law
Elder law concerns those legal issues facing older adults, such as:
Living arrangements
Caregiving
Financial matters
Pensions
Health care decisions and planning
Estate planning
Abuse and neglect awareness
Guardianship
End of life planning
Relationship issues
Intergenerational conflict
Driving
Family business
Grey divorce
Elder Mediation
Lisa Kerwin is a member of the Elder Mediation Collective, a group of mediators dedicated to assisting families to resolve issues arising for older adults.
Elder Mediation involves issues related to aging as well as family issues that may present unique problems for older adults. As a non-adversarial and collaborative process, mediation lends itself well to facilitating sometimes difficult discussions between family members, caregivers, extended family, friends and service providers.
A mediator is a neutral person who assists you and your family members to avoid potential conflict through planning or to manage and resolve conflict as it arises. Families are dynamic and complex and often the source of disagreement goes deeper than the presenting issue.
Mediation can assist you to identify and resolve the underlying issues contributing to the disagreement so you can move forward and collaborate on decisions and planning.
Mediation is not always appropriate in every situation, however and when necessary, LFK Law is prepared to assist elder clients with Court proceedings to advance their interests and protect their rights and interests.
