Smith Family Law

Smith Family Law Specialist family and estate planning lawyers; office in Melbourne, Sunshine and Williamstown.

We are a family law and deceased estates law firm providing our services across Victoria. We offer the full suite of services in family law from separation through to divorce including property matters, children and parenting, financial agreements, family violence, surrogacy and working with the LGBTI community. We also provide deceased estates services from Grant of Probate or Letters of Administ

ration when managing a deceased estate and contested Wills and other estate litigation matters. You can access our services through remote appointments or at any one of our dedicated offices in Melbourne, Sunshine and Williamstown.

Where would your executor find your original Will if something happened to you today? In Victoria, the original document...
24/08/2026

Where would your executor find your original Will if something happened to you today? In Victoria, the original document (not a copy) has to be lodged with the Supreme Court to apply for probate, and a missing Will can create real headaches for your loved ones.

This article explains where you can safely store your original Will, and what happens if it can't be found: https://dub.sh/7sj2a0B

Does a former partner's gambling affect a property settlement? Under recent Family Law Act amendments, "addbacks" are go...
09/08/2026

Does a former partner's gambling affect a property settlement? Under recent Family Law Act amendments, "addbacks" are gone, but the Court can still adjust a settlement for gambling losses that are "so disproportionate" they can't be ignored.

We unpack two recent cases and what they mean for you here: https://dub.sh/qYPNSEX

Ever wondered what happens if paternity is disputed during a family law matter? DNA (or "parentage") testing can play a ...
26/07/2026

Ever wondered what happens if paternity is disputed during a family law matter? DNA (or "parentage") testing can play a key role in resolving these disputes, but the Family Law Act sets out strict rules about when a court can order it - and what happens if someone refuses.

Here's a closer look at the presumption of parentage, when testing can be court-ordered, and what your options are if parentage is in question: https://dub.sh/DRDFQNP

Did you know a Victorian court can refuse a Grant of Probate if the deceased didn't own any property in Victoria - even ...
12/07/2026

Did you know a Victorian court can refuse a Grant of Probate if the deceased didn't own any property in Victoria - even if they lived there? Asset location rules can get tricky, especially with shares, vehicles or accounts held interstate. We break down exactly how it works: https://dub.sh/dRIwjUS

When you think about dividing assets after separation, collections and collectables might not be the first thing that co...
28/06/2026

When you think about dividing assets after separation, collections and collectables might not be the first thing that comes to mind - but they can carry significant financial value and may form part of your property settlement. If you or your former partner has a collection, it's worth understanding how these items are treated under Australian family law, including how they're valued and what disclosure is required. This article covers what you need to know: https://dub.sh/5V9vQZs

When separated parents in Victoria can't agree on a major medical procedure for their child, the Court may need to step ...
17/06/2026

When separated parents in Victoria can't agree on a major medical procedure for their child, the Court may need to step in. This article explains what the law says about parental consent, Gillick competency, and how these disputes are resolved in family law proceedings: https://dub.sh/mr6dZvh

Being left out of a Will - or not adequately provided for - doesn't necessarily mean you have no options. Victorian law ...
31/05/2026

Being left out of a Will - or not adequately provided for - doesn't necessarily mean you have no options. Victorian law allows certain people to challenge an estate through a family provision claim, but eligibility depends on your relationship to the deceased and your circumstances.

Find out whether you qualify and what the court takes into account: https://dub.sh/0ymYf9Q

If your family law matter involves allegations of family violence or child abuse, it may be referred to the Evatt List -...
31/05/2026

If your family law matter involves allegations of family violence or child abuse, it may be referred to the Evatt List - a specialist court list designed to fast-track cases and protect those most at risk. Our latest blog explains what the Evatt List is, how cases are allocated to it, and what to expect at each stage of the process.

Read more here: https://dub.sh/mQOgTuE

Separating and working out a property settlement can feel overwhelming, especially when money has been spent or assets h...
13/05/2026

Separating and working out a property settlement can feel overwhelming, especially when money has been spent or assets have disappeared.

Traditionally, courts could sometimes treat disposed assets as if they still existed (often called “addbacks”). Following the 2024 Family Law Act changes and the 2025 Shinohara decision, that approach has changed.

Now, the starting point is the existing asset pool. However, the court may still make adjustments where there has been “material wastage” - significant, intentional or reckless use of the relationship’s financial resources.

This article explains the shift and the practical issues to watch for.

https://dub.sh/j3Txc2R

Thinking about moving interstate or overseas with your children after separation? It's not as simple as packing up and g...
04/05/2026

Thinking about moving interstate or overseas with your children after separation? It's not as simple as packing up and going - relocating without the other parent's consent (or Court approval) can have serious legal consequences. Our latest blog covers what the Court considers, how the 2024 Family Law Act changes may affect your case, and what steps to take first.

Read more here: https://dub.sh/SGqDe2v

Address

Level 6, 224 Queen Street
Melbourne, VIC
3000

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

Telephone

+61386258957

Website

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