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Mathews Family Law & Mediation Specialists practices exclusively in family law and mediation, offering full and ‘unbundled’ family law and mediation services.

Our accredited family law specialists and mediators are leading experts with the skill, experience and commitment to guide and support you through to the resolution of your dispute.

Separation

• We’ll provide you with the information you need to make an informed decision about separating
• Use our online fixed fee divorce service to obtain a divorce quickly, cheaply and with minimal fuss, no matter your location in Australia or overseas

Children and Parenting

• Parental responsibility
• Living arrangements (custody and access)
• Relocation
• Rights of grandparents and others

Child Support, Child Maintenance and Adult Child Maintenance

• Child Support Agency change of assessment process
• Payments for children and adult children
• Binding Child Support Agreements

Property and Financial Settlements

• Division of assets
• Complex property settlements
• Business, company and trust structures

Superannuation

• Superannuation flagging and splitting orders
• Superannuation Agreements

Maintenance

Payments made to a former partner following separation

Financial Agreements

• To determine how your assets will be divided in the event of relationship breakdown
• May be used to terminate maintenance rights
• ‘Pre-nuptial agreements’, during relationship and following separation agreements
• De facto (including same sex) and marriage relationships

Asset Protection including injunctions and restraining orders

• For personal protection
• To prevent a person from entering or remaining in the home or other areas
• To preserve assets including sale proceeds and business operations
• To preserve superannuation

International Family Law Disputes

• International relocation
• International child abduction
• Hague Convention
• Registration of overseas parenting orders 
• International child support
• Registration and enforcement of overseas child and spousal maintenance orders
• International service of legal documents

Intervention Orders

• Legal strategies to protect against family violence

De Facto and Same Sex Relationships

Our ‘Unbundled’ Family Law Services

• Unbundling breaks up the family lawyer’s role into a number of agreed limited legal services
• Unbundling empowers the client to select only those legal services that they require
• Unbundling can limit the lawyer’s involvement to a single issue, court or mediation process including:
  • Advice only
  • Research only
  • Drafting letters or court documents
  • Reviewing client prepared letters and court documents
  • Negotiation coaching in preparation for mediation or settlement meeting
  • Negotiating on behalf of the client
  • Attendance at mediation or court appearance on behalf of the client
  • Drafting settlement agreements
  • Providing independent legal advice for financial agreements
• Supported by a written ‘unbundled limited scope engagement agreement’ (costs agreement)
• Fixed fees by agreement

The Family Law Guide For Australia – PDF Download

The Divorce Guide For Australia – PDF Download

While many married or de facto couples terminating their relationship try to work things out amicably, it can be tough.  Here’s this person you thought you’d spend the rest of your life with, and now you don’t even want to sit next to them at the same table.  But it’s almost always best to avoid court, at least in the beginning.  We recommend trying a number of alternatives, before going to Family Court:

Work it out on your own

Sit down and talk to each other.  This can save both of you time and money.   And being able to work things out at such a difficult time in your relationship bodes well for the future, demonstrating that despite the breakdown, you can work together for what’s best for everyone.

Family Dispute Resolution 

Many couples start with family dispute resolution.   Trained practitioners in the field of family disputes, with additional training in law, social work and psychology work with a separating couple to help them through the process.   This is generally used when children are involved.

Mediation 

Mediation is led by a trained, objective person whose role is to help each of you define the issues at hand, manage the discussion and come up with solutions.  The mediator is interested in resolving the problem in the best way possible for everyone involved.  The mediator does not judge or make a final decision but will help you come to your own resolution.

Collaborative Divorce 

Collaborative divorce is similar to mediation but each side also has a lawyer and often a social worker or counsellor and a financial advisor are involved.  Together all sides work together to help both of you come up with a solution that works for everyone.  Among the incentives to make this approach work: if negotiations fail, neither sides’ lawyer can represent them in court.

When is it time to throw in the towel and go to Family Court?

Sometimes though, Family Court may really be the right way to go.  Here are some factors to consider when making the choice whether to continue (or start) alternative approaches or go to Family Court.

Imbalance of Power

If your partner is abusive or domineering or makes more money or controls the finances in the family, this may put you in a much weaker position if you are trying to work it out by yourselves.  While some neutral third parties like a mediator have experience handling these types of people, you still might find yourself stuck and unable to move forward.

Your Partner has an Aggressive Lawyer

Even the most well-meaning of people can fall under the spell of a tough lawyer.   If they are working towards “getting even” rather than being fair, it’s probably time to go to Family Court and let a judge decide.

Your Partner does not Communicate

Each side has to be willing to talk about the issues at hand, express their needs and wants and listen to the other side.  You can’t really work out a problem with someone who refuses to show up to meetings or won’t express what they want  or won’t agree to anything,  If this describes your partner – repeatedly – it may be necessary to find a good lawyer and turn to the Family Court.

Vanessa Mathews is an accredited specialist in family law, and has the expertise and experience to provide you with the separation and divorce legal advice you are looking for.

Contact Mathews Family Law & Mediation Specialists, Accredited Family Law Specialist, Level 2, 599 Malvern Road, Toorak, Victoria, phone

1300 635 529, [email protected]

Mathews Family Law: mathewsfamilylaw.com.au

Family Court of Australia: www.familycourt.gov.au

Federal Circuit Court of Australia: federalcircuitcourt.gov.au

It is possible to challenge a decision made by the CSA. There may be a right to internal review, an appeal to the Social Security Appeals Tribunal or to a court. Seek legal advice if you are considering challenging the CSA.

Hi, I’m Vanessa Mathews, and I want to give you some information today about spousal maintenance or support.

Many people don’t realize that the law requires one partner, either a husband or wife or de facto partner, where people are not legally married, to support each other financially. It’s not okay for one spouse to suddenly decide he or she is no longer giving any money to the other person. And even if you are divorced or the de facto relationship ends, the partner who was giving support must continue giving this financial help.

Now, the information I’m giving you applies to both married couples who divorce and de facto couples, after their relationship has ended. If you can come up with your own agreement, that’s the best way to proceed. But many people struggle to figure this one out. The law has rules and conditions for when financial support has to be given, and even how much, even after the relationship ends.

The court asks two basic questions. The first is whether or not one of the partners needs financial support or is this person able to support him or herself? But even if this person needs financial help, the judge will still ask a second question, which is, ‘Can the other partner pay me support?’ So how does a court decide if someone is entitled to support?

And how does the court decide how much money should be paid? The judge is going to consider a number of factors. He or she may look at the age of the person asking for help, and their ability to work. If one spouse or partner raised the children and is now, say, 50, with no work experience, the court might decide that he or she will have a harder time finding work at their age. So the judge might decide this person should get help. The court will also look at the person’s mental and physical health. Sometimes a person simply can’t work or cannot work in a job that will earn enough. If there are children, the court will consider who they live with, and give help accordingly.

The court also has to decide what standard of living is appropriate in each case. Now, there are a number of differences between de facto couples and couples who are legally married. There are a number of conditions that must be met for de facto couples in order for maintenance to be required. Also, de facto couples have up to two years after their relationship ends to request maintenance, while married couples have to make this request within 12 months after the divorce.

The aim of maintenance is to provide for the partner who needs it. So if a person remarries or starts a new de facto relationship, the ex-partner is no longer responsible. Their requirement to pay maintenance ends.

People often ask if they can get a tax deduction if they pay maintenance or if they have to pay income tax on maintenance they receive. The answer to both questions is no. There aren’t any tax implications for either person regarding maintenance.

I’ve tried give you some of the basics here. There are a lot of conditions and rules on maintenance, so I strongly recommend you seek advice from a lawyer specializing in family law. I’m Vanessa Mathews, for Mathews Family Law & Mediation Specialists.

Superannuation Calculator

Couples are encouraged to reach agreements on their own regarding child support.   Some couples are able to do this on their own without any outside intervention.  Other couples may require some help.  A Family Dispute Resolution Practitioner can often help parents work through the issue that come up regarding child support and other issues regarding children.