The breakdown of a marriage can be a stressful and upsetting event for couples, children and immediate family. At Smith Reid we are sensitive to the issues that arise from Family Law and we appreciate that a high level of understanding and compassion is required.

We offer the following services:
• Financial Agreements
• Applications for Divorce
• Parenting Applications
• Property & Financial Adjustments

Financial Agreements may be entered into before a marriage, during a marriage or after divorce. Provided that the written agreement complies with Part 8A of the Family Law Act 1975, the parties are prevented from going to Court for orders relating to property already covered by the agreement. Financial Agreements can cover all of the property of the parties (including superannuation) or selected assets only. Compliant Financial Agreements are binding and enforceable on both parties and can only be set aside in very specific circumstances

In Australia, the only ground for a Divorce is that the marriage has irretrievably broken down. We are able to prepare a Divorce Application for you once you have lived separately and apart from your spouse for a period of at least 12 months. The granting of a Divorce does not decide property, maintenance or parenting arrangements, however the Court will not make an order for Divorce unless it is satisfied that any children of the marriage, aged under 18 years have been provided for.

A parenting application may be made to the Court during or after a marriage to determine with which parent a child will live and/or spend time as well as other related issues that may arise in individual cases. The Court may make Parenting Orders, by way of Consent Orders after agreement has been reached by the parents, or by way of a defended/litigated Parenting Application. The Court's primary and guiding consideration in determining a parenting arrangement is that which serves the best interests of the child. Where appropriate, our services also include urgent applications to prevent or allow the relocation of a child.

Where there is no comprehensive Financial Agreement between parties to the breakdown of a marriage, it may be necessary to apply to the Court to have orders made for the adjustment of property after a marriage. The Court will give consideration to the contributions, both financial and non-financial, of each party as well as the future needs and likely circumstances of both parties in making a "just and equitable" determination for adjustment. Consent Orders may be made by the Court in the event that negotiations between the parties are successful. In the event that no agreement is reached, a property adjustment will be defended or litigated and the Court will make Orders to finally determine the financial relationship between the parties.

Contact our office on 9517 1988 to discuss how our Family Law services could help you or fill out and submit the following form.