An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application. The Court will need to be satisfied that appropriate arrangements have been made for any children involved. In certain circumstances, a divorce can be granted where parties remain living under the same roof after separation or where there has been a short period of reconciliation. Maitland-Smith & Associates can assist in preparation of all documentation to ensure your matter proceeds smoothly.

Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital. While some property settlements can be reasonably straightforward, others can be very complex. Where agreement is reached, in most cases the most common way of evidencing the agreement is by way of consent orders made in either the Family Court or the Federal Magistrates Court. In some cases it may be more appropriate to enter into a Financial Agreement so as to exclude the jurisdiction of the Court in the future. Maitland-Smith & Associates can provide assistance with early advice as to parties entitlements and in negotiating an appropriate settlement. We can also assist if proceedings need to be issued to ensure a proper outcome.

It will assist greatly if you can prepare and bring with you to your appointment information that you have prepared in advance. It will maximise the benefits of your first consultation. Also by doing some of the preparation work you save costs that you might have incurred by your lawyer having to do this for you. It also allows our office to provide you with more accurate advice. To prepare for your first appointment you should:

• set out your own details including your full name (maiden name if appropriate), your address, date and place of birth, whether you are an Australian Citizen
• Set out the same details for your spouse, former partner or other party
• Provide details of your marriage or relationship such as the date you commenced living together, when and where you got married, the date you separated and, if you have done so, the date of your divorce
• If there are children of your relationship and you need advice about issues affecting your child or children provide the full names and dates of birth of those children as well as whom they are living with
• For property-related matters, it is helpful for you to make a list of the assets and liabilities owned by you and your partner, whether solely or with another person
• Provide the estimated values of that property or appraisals / valuations if you have them
• For furniture and other items, such as motor vehicles and jewellery, this estimate should be the “second-hand” value and not the “insured” value
• Include in your list details of any significant contribution that you, your former partner or any another person (such as a parent or relative) might have brought into the relationship or made either during the course of the relationship or after separation, such as:
  • a compensation payment
  • inheritance; or
  • other lump sum payment

Please also bring to your first appointment (if you have them in your possession)

• a copy of your marriage certificate
• any birth certificates for the children (if applicable)
• any other Court documents, particularly Court orders
• any letters or documents from your former partner or their solicitor

Finally, if you have any questions at all about the conduct of your matter or what you can do to help the process, always ask. We are here to help you through what can be a very intimidating and emotional process as effectively as possible, with a minimum of cost and trauma to you.

When buying or selling a property, the importance of obtaining the right advice should never be underestimated. Our experienced conveyancing team will provide you with prompt and accurate advice to ensure that the settlement process is achieved efficiently.

Selling or purchasing a business can sometimes be a daunting and confusing experience. Our experienced team are able to provide you with accurate and efficient advice that is easy to understand about all aspects of buying or selling a business.

Maitland-Smith & Associates can provide you with professional and personal legal services within the area of Wills, Estates & Probate Law. The loss of a loved one can be a traumatic time. Our aim is to make the administration of estates as least traumatic as possible. Careful estate planning can also avoid potential conflict and claims against the estate of a deceased person. Where conflicts do arise however, we are able to offer experienced advice and assistance in solving those conflicts. Where conflict cannot be resolved we have experience both in bringing and defending claims. The role of legal personal representative is a responsible and sometimes onerous position and involves a number of tasks. At Maitland-Smith & Associates we guide you through the process and provide the necessary assistance to help make it as trouble free as possible.