Retired KC Barrister, Husband, Father, Grandfather & first time Writer
About the book
Going through a separation or divorce can feel overwhelming. There’s so much to consider, and it’s hard to know where to start. That’s exactly why this book was written—to provide clear, practical guidance when it’s needed most.
​
Tom, a retired King’s Counsel and Chartered Accountant, spent nearly fifty years in family law, helping people navigate the legal complexities of separation. When his wife, a former client, struggled to find a straightforward resource to help her prepare for property litigation against her former husband, he saw an opportunity to make a difference. Rather than doing very little in retirement, Tom chose to use his expertise to create a resource that simplifies legal complexities for those considering separation themselves, as well as parents of adult children in similar situations.
​
To our knowledge, no other books go to the lengths this one does to comply with the provisions of Section 121 of the Family Law Act.
​
This how-to guide breaks down complex legal topics into straightforward, actionable steps. It explains what to expect during separation, how to prepare, and the key questions to ask legal counsel. Covering major considerations—particularly financial matters—it helps readers understand their rights, make informed decisions, and move forward with confidence.​ The book also covers key topics in a clear and accessible way, including:​​​
Children vs. Property – How children are sometimes unfairly used as bargaining tools in negotiations. Parties’ Agreements & Just and Equitable Orders – It’s not uncommon for a less wealthy partner to assure the wealthier one that they won’t seek a share of their assets, only to go back on that promise years later. Don’t take that risk—secure any agreement with a binding financial arrangement or be prepared to move on. Receiving money from the Bank of Mum and Dad – How loan and mortgage documents can help minimize the financial impact of money received from parents. Protecting inheritances – Steps parents can take to keep family wealth secure, such as requiring their children to have a binding financial agreement in place before receiving an inheritance. A flaw in the law – While a substantial and reliable income-earning capacity is often the most valuable asset a person can leave a marriage with, it cannot be valued under Australian law. Unlike in some countries, such as England, it is not considered in property division. Lessons from real cases – A summary of key case outcomes that provide insight into how property is divided in different circumstances. Who gets the dog? – Examining real cases that highlight how emotionally charged pet ownership disputes can be. Other important issues – Including the impact of gifts, lottery wins, increased property values due to rezoning, and personal injury compensation.
Thomas Kirk KC
Tom’s professional career commenced as a chartered accountant (specialising in income tax) both in Queensland and London before he was admitted to the Bar in 1974. At the time of his appointment as Senior Counsel in 1994 his practice comprised of family law and town planning law but within a short period he practised almost exclusively in the Family Court both in Queensland and interstate (in particular, Sydney). He has appeared in many of the leading cases involving property division at the trial and appellate level. He has presented several papers over the years and having retired from trial work, he now practices exclusively in mediations, arbitrations and opinion work.
Ian Mathieson, Editor
"
If you're considering separation, this is the book you’ll want by your side. Tom, a highly respected KC barrister with decades of experience, tells it how it is—just as if you were sitting beside him. With his clear, no-nonsense advice, he cuts through the confusion, helping you navigate the process and prepare for what comes next.
