Emera Smith Family Law in Melbourne, Victoria, Australia | Estate planning solicitor

Emera Smith Family Law

Locality: Melbourne, Victoria, Australia

Phone: +61 3 8625 8957

Address: Level 14,565 Bourke Street 3000 Melbourne, VIC, Australia

Website: https://www.emerasmith.com.au

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• Estate planning solicitor
• Divorce & Family Lawyer

23.01.2022 There are enough pressures facing couples and children going through separation already, without adding the stress, anxiety and cost of the court system. That’s why, whenever possible, our aim is to keep your family law matter out of the courts. We understand that it’s not always possible but it’s certainly a priority.... There are a number of alternate options to negotiate the terms of your separation. You can learn more about those options here. https://bit.ly/2UOJg1F #MelbourneLawyers #VictorianLawyers #FamilyLawyers #Mediation #Negotiation #DivorceLawyers #PropertySettlement #ParentingMatters #ChildrenAndParenting

23.01.2022 A financial agreement (or Binding Financial Agreement) is a document which sets out how a couple will distribute their property if they separate. Not every couple has one but for those who do (either married or de facto couples), the agreement can be drafted in a way that prevents the courts from becoming involved in property settlement. Arrangements can also be made, using a financial agreement, for ongoing financial support and spousal maintenance after separation.... These documents can range from simple through to very complex and the cost of them is often reflected in the complexity. Most importantly, the agreement must reflect your unique circumstances so, having an experienced family lawyer draft your financial agreement, will not only ensure compliance with the law but will also protect of your future, should you separate. Learn more about financial agreements here: http://bit.ly/3qu08sj #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement #FinancialAgreements #BindingFinancialAgreements #BFA

21.01.2022 Often, separated parents are able to engage in child focused discussion and agree on post separation parenting arrangements without the assistance of lawyers. This is no doubt the best outcome for separated parents and their children, and one that should always be encouraged unless issues of safety are involved. However, for different reasons it’s not always possible to reach agreement regarding childrens’ arrangements and sometimes parents will need the help of mediation s...ervices and/or a lawyer to resolve some of the issues or disputes. If you need help negotiating and/or finalising arrangements with your former partner about children’s issues, we’re just a phone call away. 03 8625 8957 http://bit.ly/3a5w1B1 #MelbourneLawyers #VictorianLawyers #FamilyLawyers#ParentingMatters #ChildrenAndParenting #ParentingPlans #ParentingOrders #Mediation #FDR

20.01.2022 Unlike getting a divorce, there’s no legal process involved with separation. Both parties do not need to agree. There are no documents to complete and no signatures required. Generally, it is enough for one party to communicate to the other party that the relationship has ... ended. But there are a few things worth considering before you separate. Things that could make the journey ahead a little easier to navigate. See our list of ‘things to consider before separating’, to ensure you’re as prepared as you can be. https://bit.ly/36uP6vu #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement #FinancialAgreements #ParentingMatters #ChildrenAndParenting #FamilyViolence #WillsEstatesLawyers #YourWill

20.01.2022 Have you considered leaving an ‘eligible’ person out of your Will? Although the contents of your Will are your own personal wishes, if you don’t take into consideration the potential rights at law of an eligible person left out of it, you could leave the estate open to a Family Provision Application. This is commonly referred to as contesting a Will. It not only costs money (out of the estate), it can delay distribution and can cause significant heartache to all interested pa...rties. Learn more about contesting a Will, including how to minimise the potential of your Will being contested, in our latest blog from estate planning lawyer Kerry-Ann Smith. https://bit.ly/3oTpCi1 #MelbourneLawyers #VictorianLawyers #WillsEstatesLawyers #YourWill #PowerOfAttorney #DeceasedEstates #ChallengeAWill #EstatePlanningLawyers #ContestedWill #FamilyProvisionOrder

19.01.2022 Do you procrastinate? If you’re putting off doing your Will and any other estate planning documents, for whatever reason, you’re not alone. But that doesn’t mean you should continue to procrastinate.... Sure, there are a quite a few things to consider when writing your Will but the sooner you get onto it, the sooner you’ll get peace of mind. And that’s not just peace of mind for you; it’s for your spouse, any children, grandchildren and other loved ones. https://bit.ly/37LROMD #MelbourneLawyers #WillsEstatesLawyers #FamilyLawyers #YourWill #PowerOfAttorney #DeceasedEstates #ChallengeAWill #EstatePlanningLawyers

18.01.2022 In a court case concerning children, the primary focus is to make decisions that are in the best interests of the children. Sometimes, the court needs help in determining what the best interests of that particular child are, and they need that to be done by an impartial third party. When this occurs, the court may appoint an ‘Independent Children’s Lawyer’ to make recommendations.... Discover more about the role of an ICL in our latest blog from paralegal, Jane Holford. https://bit.ly/33rSJQZ #MelbourneLawyers #VictorianLawyers #FamilyLawyers #IndependentChildrensLawyer #ParentingMatters #ChildrenAndParenting

16.01.2022 Negotiating and finalising property settlement after separation can happen at any time and the law is similar whether you were married or in a de facto relationship. There are strict time limits though so we always recommend getting early advice and acting sooner rather than later. Contrary to ‘urban myth’, property isn’t simply divided 50:50.... We use a reasonably standard set of steps when looking at how your assets should be divided. Learn more about: the steps to property settlement; what’s considered property; what’s considered contributions; adjusting for future needs; time limits; and more. http://bit.ly/2KptJDT #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement

11.01.2022 Caveats can be a great tool to protect your interests after separation; either before or while formalising a property settlement. In our latest blog, we explore how caveats work in Australia, and in Victoria in particular, and how they can be used in family law proceedings. http://bit.ly/3s7NjoQ... #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement #FinancialAgreements #Caveats #CaveatsAfterSeparation

11.01.2022 We are relatively young as a firm but we come with a wealth of knowledge and experience in family law. A shared commitment to delivering honest and outcome-focused family law advice saw friends and colleagues Mona Emera and Ben Smith establish Emera Smith in 2018. Honest and pragmatic advice are at the foundation of our approach, ensuring our clients are supported throughout their time with the firm.... Learn more about the ‘why’ of Emera Smith here. https://bit.ly/33JR7lM #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement #FinancialAgreements #ParentingMatters #ChildrenAndParenting #SurrogacyLawyers #FamilyViolence

06.01.2022 In Australia, there are laws to ensure that people who have been left out of a Will, either entirely or have been left less than they may ordinarily be entitled, have an option to contest that Will. Disputes may occur for a number of reasons; for example, the way the Will was drawn up, error on the part of the Will-maker or where a person has simply been unfairly excluded. If you believe you have not been unfairly or unreasonably excluded in a Will, you may be able to contest... it but time limits apply. In Victoria, generally claims against an estate must be commenced within six months of the date of Grant of Probate. Learn more here https://bit.ly/2J5o0Sy #MelbourneLawyers #VictorianLawyers #WillsEstatesLawyers #YourWill #DeceasedEstates #ChallengeAWill #ContestedEstates #EstatePlanningLawyers

02.01.2022 In today’s fast-moving world, separated parents may struggle to keep all the balls in the air when working through parenting arrangements with their former partner. With incredible advancements in technology over the last few decades, that task can be significantly simplified. Separated parents can now take advantage of a range of co-parenting apps. In our latest blogs, we look at some of the common features of these apps, including:... shared calendars communication options information banks; and financial management We also look at four of the most popular apps, including pricing. http://bit.ly/3prsTWc #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #ParentingMatters #ChildrenAndParenting #CoParenting #CoParentingApps

02.01.2022 Most people, at some point in their life, may need to engage a lawyer. For most, it’s not a regular thing, which makes it even trickier to choose a lawyer the right lawyer for you and your individual circumstances. At Emera Smith, we’re proud of the work we do and the way we do it. It’s important for us to always maintain our philosophy of keeping our clients at the centre of everything we do.... But you shouldn’t just take our word for it. Reading the stories directly from people who have come to us for guidance, support and help, is a transparent way of sharing how we work with our clients to get them to a better place. Read what they have to say about us. https://bit.ly/2FMXagS #MelbourneLawyers #VictorianLawyers #FamilyLawyers #DivorceLawyers #PropertySettlement #FinancialAgreements #ParentingMatters #ChildrenAndParenting #SurrogacyLawyers #FamilyViolence #WillsEstatesLawyers #YourWill #PowerOfAttorney #DeceasedEstates #ChallengeAWill #EstatePlanningLawyers #ChoosingALawyer #Testimonials #ClientReviews #ClientSatisfaction