People

Tessa Kelman

Tessa Kelman
Partner
Tessa Kelman

Tessa is a partner in Lander & Rogers' family and relationship law team and is based in the firm's Sydney office. Recognised by the profession as a Rising Star in each of the 2018 to 2022 editions of Doyle's Guide, and previously the chair of the Young Lawyers Family Law Committee, Tessa is a well-known family lawyer who assists clients across Australia and internationally.

Tessa has practised exclusively in family law since 2014. She is known for her technical expertise, integrity and compassionate approach, and for her ability to provide clear and concise advice. Tessa works closely with her clients and focuses on offering a personal yet professional service that ensures her clients achieve the best outcome and feel empowered during the process.

Tessa recognises that a separation can be a challenging and highly emotional time in her clients' lives. She manages all aspects of her clients' personal and family needs by collaborating with her extensive network of professional advisors, including accountants, tax advisors, therapeutic health professionals and barristers.

Tessa prioritises the resolution of matters by way of negotiation, recognising the financial and emotional burden of litigation. If litigation is necessary, Tessa is a confident and assertive advocate for her clients and comfortably navigates the court system, having had the benefit of working as a Legal Associate to two judges of the Family Court of Australia (as it was then known) earlier in her career.

Tessa provides advice across the spectrum of family and relationship law matters, including complex property and parenting matters, issues pertaining to de facto and same sex couples, spousal maintenance, and child support. Tessa has a particular interest in financial matters involving large asset pools and complex corporate structures. This interest includes working with clients to protect assets from future relationship breakdowns through binding financial agreements and advising clients on the division of their asset pool following a separation, particularly where there are company and trust structures to deal with.

Experience

Tessa represents clients based across Australia and overseas. Her expertise includes:

  • resolving matters outside of court through both private mediations and lawyer-led conferences
  • litigation of family law matters through to final hearing in Division 1 and 2 of the Federal Circuit and Family Court of Australia, including instructing counsel
  • collaborating with an extensive network of professionals including accountants, financial advisors, mortgage brokers, tax advisors, and barristers to manage all aspects of the client's matter
  • advising clients in relation to complex property matters and spousal maintenance, from nominal asset pools to those exceeding $100,000,000 and dealing with trust and corporate entity, estate, valuation and tax considerations
  • the preparation and review of binding financial agreements and child support agreements, including prenuptial style agreements as a form of asset planning for both married and de facto couples
  • parenting matters involving issues of care and residence, family violence, child support, medical issues, schooling issues, and international relocation disputes
  • child support matters, including enforcement, contravention and registration of child support agreements.

Career highlights

Tessa's career highlights include:

  • successfully defending a de facto threshold matter where the client was at risk of losing millions of dollars and additionally obtaining a generous costs order in the client's favour
  • successfully negotiating commercially advantageous settlements for high-net worth clients with complex corporate and trust structures where assets exist both nationally and internationally
  • successfully obtaining final parenting orders permitting a child to relocate interstate with the client, enabling the client to continue as the primary carer of the child and enjoy living close to their family.

Client feedback

In a same sex, de facto property settlement matter where Tessa obtained final property orders promptly and in the client's favour:

"Tessa's empathy, care, compassion and understanding are hallmarks of her special way of interacting with her clients. She aspires to and achieves excellence in every facet of her work. However, it is her integrity and her calm, supportive approach that has meant so much to me throughout the duration of my family law matter. Tessa brought my case to a successful conclusion and has ensured that my belief in miracles remains steadfast."

In a de facto separation that was resolved by way of written negotiations:

"Tessa is an exceptional family and divorce lawyer who truly went above and beyond to finalise my challenging de facto separation. Her empathy, kindness, professionalism, realism, timeliness and overall excellent work ethic were evident throughout the entire process. What's more, Tessa's dedication to my wellbeing during one of the most stressful times in my life was truly commendable. Her sage advice and guidance, clearly based on many years of experience, was key to achieving a positive outcome. I will forever be grateful for Tessa's unwavering support and expertise and would gladly recommend her to anyone who may find themselves in need of her services."

In a parenting matter where Tessa successfully obtained final orders allowing her client to relocate the child's residence interstate despite opposition from the other parent:

"Tessa exemplified unwavering strength and support as I navigated the emotionally taxing journey of separation and Parenting Orders. From our initial consultation through every step of the process, she remained a steadfast source of understanding and guidance. Tessa's professionalism shone brightly as she adeptly balanced empathy and compassion with her expert knowledge of the legal system. Her ability to grasp my perspective while offering objective advice ensured that I made informed decisions, even when emotions ran high. Tessa's commitment to excellence and genuine care made all the difference during a challenging time."

In a parenting and property matter where Tessa negotiated a settlement that allowed the client to retain the family home and primary care of the children:

"Tessa is a rare find; she is both an exceptionally talented lawyer and has such an empathic and client-focussed approach. Tessa has expertly and confidently guided me through one of the most stressful periods in my life and I will continue to refer her to my friends and family."

Following a lengthy and highly contested property settlement that required judicial determination:

"Tessa has been prompt and detailed with her responses, provided easy to understand answers to my questions and has made every effort to ensure that I understand the process. Tessa has a very good manner and has been a delight to work with during a difficult period in my life."

FAQs

When should I engage a family lawyer?

The earlier the better! It can make a huge difference to the outcome of your separation if you are informed and know your rights before a separation, as opposed to once it has already occurred. Family lawyers can talk you through how best to prepare for a separation including:

  • discussing arrangements for the children
  • protection of vulnerable assets (such as cash in a joint bank account)
  • strategic decisions that you may wish to make early on
  • documents you might want to pull together in preparation.

Family lawyers can also help refer you to other professionals who may be of assistance as you move through a separation.

Am I in a de facto relationship?

If you answer YES to all, or even just some of the below questions, then your relationship may fall into this category:

  • Together for 2+ years
  • Shared finances and/or home
  • Care for children together
  • Recognised by friends and family as a couple
  • In a sexual relationship

... and the list goes on!

So what does this mean?

If you’re happy in your relationship but want to safeguard assets, consider a financial agreement.

If you are separating, generally you must act within two years of separation for court proceedings seeking a property settlement and/or spousal maintenance.

Family lawyers can help you navigate both scenarios, aiming to avoid court and find the best solution for all involved.

Do I have to go to court to sort out my finances after a separation?

The short answer is, not necessarily! Whether you need to go to court to sort out your finances after a relationship breakdown depends on your specific situation.

Sometimes separated couples can reach agreements on their own, or with the help of mediators or lawyers. Agreeing outside of court can be less stressful and more cost-effective.

However, if you can't agree, or if things get complicated, then court might become necessary to make decisions about how to divide assets and manage financial responsibilities.

It really depends on your specific situation and how cooperative both of you are.

It's always a good idea to explore all your options and consult with a legal expert to figure out the best path forward for you.