Author: Vanessa Mathews

You’ve Tried Everything – Is it Time for Family Court?

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 family law specialist, and the family law attorneys at Mathews Family Law have the expertise and experience to provide you with the separation and divorce legal advice you are looking for. Speak with one of our specialist solicitors today about your family law property matter or family law parenting matter.

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: https://mathewsfamilylaw.com.au

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

Federal Circuit Court of Australia: http://federalcircuitcourt.gov.au

There are a number of practical steps to take regarding your credit cards after you separate.

1. Write down the date you actually separated. Even better, send an email to your spouse or partner stating clearly that “on May 1, 2014, we officially separated”. This date may become important later on when and if debts need to be divided. If your spouse incurred the debt after the date of separation, the court may hold him responsible for it when dividing up property.
2. If possible, get rid of joint credit cards. If you are the primary cardholder – great!  You can lower the credit limit, which prevents your spouse from going crazy with the card and running up more debt.  The best option is to cancel the card altogether if the company allows it.  If your name is on the account, no matter who runs up the debt, you are also responsible.
3. Make sure to print out all of your balances from your credit card account, including all purchases and payments. Even if you are held accountable, when the time comes to draw up a property settlement, you may be able to have these listed as your spouse’s debt and deducted from his share of the assets.
4. Discuss with your lawyer signing a legal separation agreement. Written correctly, this may limit your liability for your spouses’ debts, including credit card debts. One of our divorce law lawyers can provide you with specialist advice. Speak with a family law attorney at Mathews Family Law today.

Where a ‘special medical procedure’ for a child is proposed, parental consent to the procedure will be insufficient and order of the Family Court will be required.

A special medical procedure is one that is invasive, irreversible, requires major surgery and where the consequences of the procedure give rise to a significant risk of making a wrong decision and a wrong decision carries with it grave consequences.

Examples of special medical procedures include:

• Gender identity dysphoria (GID).
• Surgical gender reassignment.
• Heart surgery.

In June 2015 the Family Court was asked to determine whether a 16-year-old child, known as ‘Dale’, who was transitioning from female to male, was competent to consent to stage 2  of GID treatment (also known as ‘testosterone hormone treatment’).

Dale had already commenced stage 1 treatment (puberty suppression hormone treatment), for which a court order is not required.

As it was likely that stage 2 treatment would result in physical changes that would be difficult to reverse, stage 2 treatment is considered a ‘special medical procedure’ for which a court order is required.

Dale’s parents and his treating medical practitioners believed that Dale was, and should be, able to make his own decision about stage 2 treatment, without a court order being required.

His parents therefore sought a declaration that he be found to be ‘Gillick competent’ and therefore able to make his own decisions in relation to treatment.

In the English case of Gillick, it was held that ‘… parental right yields to the child’s right to make his/her own decisions when he/she reaches a sufficient understanding and intelligence to be capable of making up his/her own mind …’

Gillick has been approved and applied by the Family Court of Australia since 1992 (Marion’s Case).

If a child is found to be Gillick competent:

• The child may consent to the special medical procedure.
• The consent of the child’s parents is not required.
• A court order is not required.

So how does the court determine if a child is Gillick competent?

The court must have regarding the child’s best interests as the paramount consideration.

The child’s ‘best interests will be determined by a consideration of:

• The age and maturity of the child
• The views/wishes of the child
• The urgency of the application

The court will consider the evidence as to the child’s best interests from:

• The child’s parents.
• Expert witnesses such as medical specialists, mental health professionals, counselors, etc.

Having regard to all of the evidence, and making a positive finding as to Dale’s ‘ … intellectual capacity and sophistication to understand the information relevant to making the decision and to appreciate the potential consequences, some of which may be irreversible … his views are clear and have not changed … ’, the court determined that Dale was Gillick competent and therefore competent to consent to the stage 2 treatment.

The special medical procedures jurisdiction of the Family Court is intended to protect against wrong decisions by parents that may result in irreversible wrong outcomes for children. The court has demonstrated a willingness to apply the provisions of the Family Law Act to these particularly difficult family circumstances with sensitivity, empathy and compassion.

Vanessa Mathews, accredited family law specialist at Mathews Family Law & Mediation Specialists, can assist with your questions about special medical procedures.

Inheritance – What Happens to Them In Divorce Property Settlement

An article was written for accountants and financial advisors by Vanessa Mathews of Mathews Family Law & Mediation Specialists.

Your client has the good fortune to receive a ‘windfall’, such as an inheritance or a lotto. Your client and their partner separate.

Will the windfall be included in the property settlement asset pool?

Your client will likely answer ‘No Way’!

From the court’s perspective, windfalls are not a special category of contributions and they must be:

1. Included in the asset pool.
2. Considered in the same manner as, and holistically with, all of the other contributions made during the relationship – financial, non-financial, homemaker and parenting.

The timing of the windfall will however be relevant as to how the windfall is ‘shared’:

• A windfall received early in the relationship is likely to be treated equally.
• A windfall received shortly before separation is less likely to be treated equally.
• A windfall received after separation is even less likely to be treated equally.

The short answer is that the windfall is unlikely to be retained in full by your client.

I’ll leave it to you to break the bad news to them.

Next Steps Before a Divorce Property Settlement

You and/or your client may benefit from discussing the circumstances of the inheritance or other windfall and divorce property settlement before taking any action such as distributing or disposing of the asset in a manner that may adversely impact your client.

Vanessa Mathews is a family law specialist solicitor with the expertise and experience to advise you about your family law property settlement issues.

Please call Mathews Family Law & Mediation Specialists on 03 9804 7991 or email [email protected] to speak with Vanessa Mathews or one of our other family law attorneys regarding any family law property matters.

Resources

Mathews Family Law – Dividing the Property: https://mathewsfamilylaw.com.au/divorce/divorce-videos/dividing-the-property-in-victoria/

Family Court of Australia: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home

Federal Circuit Court of Australia: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home

Vanessa Mathews was asked by The Age what impact she thought the legalization of gay marriage would have on family lawyers?
Click here to read the article http://www.theage.com.au/lifestyle/weddings/gay-marriage-expected-to-be-boost-for-wedding-business-20150601-ghebgd.html

Click here to read more information about same sex de facto relationships: https://mathewsfamilylaw.com.au/samesex/

Understanding the Legal and Emotional Challenges of Separation

Separation and divorce can be one of the most challenging experiences for individuals and families. The legal issues involved often intersect with emotional, psychological and practical challenges, making a supportive and informed approach essential.

Vanessa Mathews, Principal and Accredited Family Law Specialist at Mathews Family Law & Mediation Specialists, was invited to participate as a presenter in the Mental Health Professionals Network webinar:

“Supporting Families Through Separation”

This important webinar brings together professionals from across Australia to discuss the impact of separation on families and the importance of a collaborative approach when supporting people through relationship breakdown.

The panel includes:

• A regional General Practitioner from Western Australia
• A Psychiatrist from Queensland
• A Psychologist from New South Wales
• Vanessa Mathews, Accredited Family Law Specialist from Melbourne, Victoria

Together, the presenters explore the legal, emotional and health-related issues that arise during separation and provide practical insights for professionals supporting families through this difficult transition.

Watch the Divorce and Separation Webinar

Supporting Families Through Separation – Webinar Recording

Click on the link to watch the Divorce Webinar: ‘Supporting Families Through Separation’ 

http://www.mhpn.org.au/WebinarRecording/66/Supporting-Families-Going-Through-Separation#.Vdw7mPmqpBc

Mental Health Professionals Network: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home

A Collaborative Approach to Family Law

At Mathews Family Law & Mediation Specialists, we understand that family law matters involve more than legal issues alone.

Separation can affect:

• Emotional wellbeing
• Children and parenting relationships
• Financial security
• Communication between family members
• Future decision-making

Our approach combines specialist legal expertise with a focus on constructive dispute resolution, helping clients resolve matters in a way that minimises unnecessary conflict wherever possible.

We work closely with clients to provide clear advice about:

• Divorce
• Parenting arrangements
• Property settlements
• Family dispute resolution
• Mediation
• Financial agreements

About Mathews Family Law & Mediation Specialists

Mathews Family Law & Mediation Specialists is a Melbourne family law firm dedicated exclusively to family law and dispute resolution.

Our Accredited Family Law Specialists provide strategic advice and representation to individuals and families throughout Australia and overseas, assisting clients to navigate separation with confidence and clarity.

Contact us today to arrange a complimentary 15-minute telephone consultation with an Accredited Family Law Specialist.

 

 

Family Law Perspective on the Ashley Madison Scandal

In 2015, Accredited Family Law Specialist Vanessa Mathews was interviewed by the Herald Sun regarding the Ashley Madison data breach and whether the scandal would lead to an increase in divorce and family law matters.

The Ashley Madison incident attracted significant public attention after confidential user information from the relationship website was exposed, raising questions about the potential impact on marriages and families.

Vanessa was asked whether she believed the exposure would result in a “surge” in divorces and provided her perspective as an experienced Melbourne family lawyer on the likely impact on relationships and separation proceedings.

The Impact of Relationship Breakdown on Families

While issues such as infidelity may contribute to the breakdown of a relationship, Australian family law operates on a no-fault divorce basis. This means that the Court does not determine whether one party was responsible for the breakdown of the marriage when deciding whether a divorce should be granted.

However, the discovery of an affair or breach of trust can have a significant emotional impact on families and may influence the way couples approach:

• Separation negotiations
• Parenting discussions
• Communication between former partners
• Mediation and dispute resolution
• The overall process of moving forward after separation

Vanessa Mathews – Family Law Commentary

As Principal and Accredited Family Law Specialist at Mathews Family Law & Mediation Specialists, Vanessa Mathews regularly provides commentary on family law issues affecting Australian families.

Her experience includes advising clients on:

• Divorce and separation
• Parenting arrangements
• Property settlements
• Mediation and dispute resolution
• Financial agreements
• Complex family law matters

Vanessa’s approach is focused on providing practical legal advice while recognising the emotional challenges that often accompany family breakdown.

Read the Herald Sun Interview

Click on the link to read the article
http://www.couriermail.com.au/news/ashley-madison-hack-reveals-more-than-213000-melburnians/story-fnu4vh3q-1227492328816

Need Advice About Separation or Divorce?

If your relationship has broken down and you need advice about your legal rights and options, Mathews Family Law & Mediation Specialists can help.

Our Accredited Family Law Specialists provide clear, practical advice to help you navigate separation, divorce, parenting arrangements and property settlement.

Contact us today to arrange your complimentary 15-minute telephone consultation.

 

Mathews Family Law & Mediation Specialists has initiated an e-newsletter, to be published monthly with an family law article of interest to professionals including accountants, financial advisers and mental health workers. Please email [email protected] if you would like to receive the newsletter.

Mental health professionals often work with clients also navigating the complex family law process. My seminars ‘Client Care Through the Family Law Process’ provide mental health professionals (members of the Mental Health Professionals Network, MHPN) with practical information about the issues which they and their client are likely to encounter, including separation, divorce, child custody, property settlement, financial agreements, etc. Professionals issues surrounding the preparation of Family Court reports, confidentiality and subpoena and are discussed. The seminars are eagerly received, with stimulating questions and discussion throughout. As a family law specialist and qualified social worker, I feel particularly pleased to be able to support mental health professionals throughout Melbourne with their work with this particularly vulnerable group of family law clients.

It was with pleasure that Mathews Family Law & Mediation Specialists learned that the much longed for child of a surrogacy arrangement in which Mathews Family Law & Mediation Specialists represented the surrogate couple had safely arrived.

Mathews Family Law congratulates the commissioning parents and the surrogate couple on a more than successful outcome!

Mathews Family Law provides legal advice to parties entering into a surrogacy arrangement under the Assisted Reproductive Treatment Act (Vic) 2008 (ARTA).

Are you wishing to apply for divorce?

Mathews Family Law provides a unique online divorce application service.

Simply submit the easy-to-complete application form and one of our team of specialist solicitors and divorce law lawyers will personally manage your divorce for you.

Hassle-free.

Easy.

Cheap.

Australia wide.

Let us do the worrying for you.

www.online-divorce.com.au 

Federal Circuit Court of Australia: http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home