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.

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

The Critical Incident List is a fast-track pathway in the Federal Circuit and Family Court of Australia for urgent paren...
29/03/2026

The Critical Incident List is a fast-track pathway in the Federal Circuit and Family Court of Australia for urgent parenting cases.

It can apply when a child has no available parent to care for them because a parent has died, is critically injured, or is in prison due to family violence. Eligible applicants are usually non-parents connected to the child (or an Independent Children’s Lawyer or welfare authority).

The Court aims to list these matters quickly and will make decisions based on the child’s safety and best interests.

Learn more in our latest blog 👇
https://dub.sh/NvzJu0t

When drug and alcohol misuse or family violence intersects with the family law system, such behaviour will have an effec...
16/03/2026

When drug and alcohol misuse or family violence intersects with the family law system, such behaviour will have an effect on how parenting matters and property settlement are dealt with by the courts.

Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach.

In this blog, we explore how such factors or allegations are dealt with in relation to property settlement proceedings.
https://bit.ly/3XIUJxC

The breakdown of a relationship is often stressful and challenging, particularly when children are involved. One of the ...
14/03/2026

The breakdown of a relationship is often stressful and challenging, particularly when children are involved. One of the most distressing situations arises when a parent takes a child or refuses to return a child without consent. In these cases, it may be necessary to apply for a Recovery Order from the Court.
https://dub.sh/akRVU2c

It can come as a surprise for many to learn that superannuation doesn’t actually form part of your estate when you die. ...
02/03/2026

It can come as a surprise for many to learn that superannuation doesn’t actually form part of your estate when you die. In other words, it’s not automatically covered by your Will.

Unless you make a binding nomination as to who you want your super to go to on your death, the trustee of your super fund may be able to distribute your balance and any insurance benefit entirely at their discretion.
https://bit.ly/3kfoWDG

In parenting matters, it’s common to be asked for very personal documents - like medical notes, counselling records or d...
23/02/2026

In parenting matters, it’s common to be asked for very personal documents - like medical notes, counselling records or details from family violence or sexual violence support services.

Since reforms to the Family Law Act in June 2025, eligible people can ask the Court for orders to protect this kind of material (called ‘protected confidences’).

Depending on the unique circumstances of each case, orders can limit subpoenas (Court orders asking for documents), stop other parties inspecting or copying the documents, or keep them out of evidence. The Court weighs likely harm against the benefit of using the information.

Learn more in our latest blog 👇
https://bit.ly/4cdAqn7

As the social and legal definitions of ‘family’ continue to change and expand, parenting disputes often involve more par...
16/02/2026

As the social and legal definitions of ‘family’ continue to change and expand, parenting disputes often involve more parties than just the two biological parents of a child.

A very common example of this is grandparents who want to make sure that they can spend time and communicate with their grandchildren; including after separation of the grandchild’s parents or during other family law disputes.

This brings us to the question; what rights do grandparents have to spend time with their grandchildren?
https://bit.ly/3j9EDg7

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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