Sharing Family Law Expertise with Professional Advisers

The team at Mathews Family Law & Mediation Specialists has enjoyed the opportunity to present family law seminars to CPA and IPA accountant discussion groups.

We value the opportunity to collaborate with other professionals who play an important role in supporting clients through separation, divorce and significant financial transitions.

Accountants are often among the first professional advisers to become aware of a client’s changing family circumstances. Understanding the financial and legal considerations arising from relationship breakdown is essential when providing effective guidance and support.

Key Family Law Issues Affecting Clients

Our presentations explored a range of practical family law issues, including:

• The financial consequences of separation and divorce
• Property settlements and division of assets
• Business and trust considerations in family law matters
• Superannuation and financial resources
• Tax considerations arising from relationship breakdown
• The importance of early legal advice
• Negotiation, mediation and dispute resolution options

The discussions are engaging and interactive, with many questions, scenarios and practical examples explored throughout the sessions.

Supporting Professional Networks

At Mathews Family Law & Mediation Specialists, we believe collaboration between professional advisers is essential to achieving the best outcomes for clients.

By working alongside accountants, financial advisers and other trusted professionals, we help ensure clients receive coordinated advice during what is often one of the most challenging periods of their lives.

We thank the CPA and IPA accountant groups for inviting us to share our knowledge and for the thoughtful discussions and questions raised during the seminars.

Professional Family Law Advice in Melbourne

If you are an accountant or professional adviser seeking family law insights for your clients, or if you require specialist advice regarding a separation or divorce matter, our team welcomes the opportunity to assist.

Mathews Family Law & Mediation Specialists provides expert advice in:

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

Contact our team to discuss how we can assist you or your clients.

Your client who is going through a matrimonial/de facto property settlement may say to you that their particular contribution to the accumulation of the asset pool was ‘special’, by which they mean that:

• They made a greater contribution than their partner;
• They should receive a greater share of the asset pool.

In this article, we review the current law on ‘special contributions’ and how you might respond to your client’s claim.

The second step of the ‘4 Step Process’ for determining how the assets of the marriage ought to be divided between the parties includes consideration of the contributions of the parties.

Contributions may be:

• Financial, to the acquisition, conservation or improvement of property
• Non-financial, to the acquisition, conservation or improvement of property
• Welfare and homemaking, to the relationship and the children of the relationship.

A party may claim that they made a ‘special’ direct financial contribution which warrants them receiving a greater share of the asset pool.

Examples of ‘special contributions’ include contributions made by:

• An inheritance
• A ‘good’ business person
• An entrepreneur
• A successful artist
• A specialist surgeon.

The existence of a ‘Doctrine of Special Contribution’ was recently reviewed, and rejected, in the decision in Kane v Kane by the Full Court of the Family Court [2013].

The parties had been married for 30 years. The issue in dispute was the weight to be given to their respective contributions to their self-managed superannuation fund. The husband sought a greater share of the fund based on his ‘special contributions’, being ‘the application of his acumen to investment decisions which caused the fund to prosper’ (from $540,000 in 2008 to $1,850,000 in 2012). The husband, with the wife’s consent, purchased shares using matrimonial savings. The shares were registered separately in the name of the husband or the wife, with different rates of growth in their respective portfolios. The husband asserted that this separation evidenced the parties’ shared intention to benefit individually and not collectively, from their respective portfolios only. The wife asserted that the husband had merely invested their savings and they should benefit equally in the overall growth. The husband took principal responsibility for the investments and the wife was content with this (not unusual) arrangement although in evidence she conceded that she was unenthusiastic about the husband’s wish to invest in a particular share purchase. The husband asserted that he carefully researched each investment before deciding to purchase and that the success of the investment was due to his judgment and not mere chance or a random lottery win.

The trial judge held that ‘the evidence in the present proceedings permits a rational conclusion that the acquisition of those shares was no fluke. The husband’s diligent research of that corporation and his decision to invest the parties’ funds in it was an inspired investment decision, manifesting considerable expertise. His decision is all the more remarkable given that he knew he was making that investment decision without the support of his wife. I am satisfied that, without the husband’s skill in selecting and pursuing the investment in Company 1 shares, the parties’ superannuation interests within R Investments would currently be worth substantially less. It follows that the husband’s contributions to those superannuation interests were substantially greater than those of the wife. I reject the wife’s submission that her contributions were equal to those of the husband. The real difficulty is evaluating the parties’ contributions in mathematical terms.

The trial judge split the funds’ two-thirds to the husband and one-third to the wife.

On appeal by the wife to the Full Court of the Family Court, it was held that the trial judges’ disproportionate division of the Fund could not be justified.

On the claim of ‘special contribution’ by the husband, His Honor Deputy Chief Justice Faulks stated:

• The Family Law Act does not refer to ‘special’ or ‘extraordinary’ contributions
• `Special skills … will not always produce significant financial results. An academic may be brilliant and possess exceptional or special skills which require much work and effort to apply, but which may nevertheless not reflect in the … property of the parties’
• `A range of highly specialized practical skills may not produce an economic return equivalent to the return produced by the entrepreneurial skills or a newspaper magnate’
• It is difficult to correlate effort or skill (even if special) with results. Frequently, the financial result of a contribution (whether by physical or intellectual labor or imagination foresight and perspicacity) will be influenced by external factors beyond the control of the party contributing’.

Family lawyers now have the benefit of a very clear message from the Full Court of the Family Court:

• There is no such thing as a ‘Doctrine of Special Contribution’
• The totality of the contributions to the asset pool must be considered
• An asset pool ought not to be divided merely on the basis of a ‘special contribution’ having been made by one of the parties
• No one contribution to an asset pool should be given greater weight than other contributions.

The rejection of the existence of a ‘Doctrine of Special Contribution’ will be most keenly felt by parties with a high-value asset pool which they believe is the result of their ‘special contribution’ over and above the other parties’ contributions.

Family law property matters are complex, and can always benefit from expert advice from a specialist solicitor. Get in touch with Mathews Family Law, and speak with a divorce law and property lawyer to assist you with your separation or divorce.

Seeking information and support during separation can be challenging, particularly when emotions are high and there are many decisions to consider.

The good news is that Australians experiencing family relationship difficulties or separation can access free information and support through the Family Relationship Advice Line.

While the Advice Line does not provide legal advice, it is a valuable resource for general information about family separation, parenting arrangements and support services.

The Family Relationship Advice Line can provide information about:

• services to assist with maintaining relationships;
• the family law system and separation process;
• developing workable parenting arrangements after separation;
• the impact of family conflict on children;
• Family Relationship Centres and other dispute resolution services; and
• other services that may assist families experiencing relationship breakdown.

One benefit of contacting the Advice Line is that enquiries can remain anonymous. You can ask general questions and obtain information without needing to provide personal details.

The Family Relationship Advice Line can be contacted on 1800 050 321.

It is available:

• Monday to Friday: 8.00 am to 8.00 pm
• Saturday: 10.00 am to 4.00 pm

While the Advice Line is not a substitute for legal advice, it can be an excellent first step for people seeking information about separation, parenting issues and available support services.

If you require advice about your specific circumstances, including parenting arrangements, property settlement, financial matters or your legal rights following separation, it is important to obtain advice tailored to your situation.

Mathews Family Law & Mediation Specialists assists clients throughout Australia with separation, divorce, parenting disputes, property settlements and family law mediation.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

When you attend mediation, the mediator is the person who runs the show, so to speak. The mediator works with both sides in helping the parties come to an agreement. But just because the mediator is driving the settlement negotiations, your lawyer still has an important role.

Prepare

First, your lawyer will need to prepare for mediation. This entails meeting with you to discuss the process, preparing a file with all important and necessary documents to bring to the mediation, and exchanging documents with the opposing party. Even though the lawyer is not the one who will lead the negotiations, the lawyer still must come to the mediation prepared to advocate on your behalf.

Advocate

Your lawyer will need to be your advocate at mediation. Your lawyer will help you explain your case to the mediator, and will make sure that your wishes are being clearly expressed to the mediator. If you forget to tell the mediator a pertinent fact or detail, your lawyer will be sure to make sure that said detail is mentioned.

Advise

Your lawyer will be your advisor at mediation. While a mediator can tell you how the law works, and can suggest a certain path, you will still want your lawyer present to advise you on whether a proposed agreement is in your best interest. If it seems like the parties are too far apart with regard to reaching an agreement, your lawyer may advise that the mediation cease.

So while the parties and the mediator are front and center, so to speak, at mediation, your lawyer also has a significant role as well.

Welcome to Mathews Family Law & Mediation Specialists. We’re here to assist you with your family law matter. I’m Vanessa Mathews, and I’m an accredited Family Law Specialist and Mediator.

I established Mathews Family Law & Mediation Specialists in 2007, with a commitment to providing our clients with a high level of family law advice and personal service. At Mathews Family Law & Mediation Specialists, we cover all of the issues that commonly arise when our clients separate and divorce. We’re experts in negotiating parenting arrangements and the division of assets.

If you’re starting a new relationship whether married or de facto, we can assist you with a prenuptial agreement. We also advise on the full range of family law matters, whether it be relocation, maintenance or superannuation splitting.

For most of our clients, we’re able to achieve a resolution through negotiation and mediation. For some of our clients, it only is a last resort, litigation may be necessary.

Separation and divorce is always difficult. At Mathews Family Law & Mediation Specialists, we can assist you to navigate your way through this time. If you have any questions about your family law matter, please don’t hesitate to contact us.

Our website contains lots of information about family law in Australia. We’ve also prepared a family law eBook with you, our client, in mind. Simply click on the eBook icon to download.

Choosing a family lawyer is a very important decision. I’m confident that Mathews Family Law & Mediation Specialists is the right choice for you.

The Australian family law is unique in a way that it does not require the divorce applicants to prove the fault of any partner. This is called a no-fault divorce. All that is required is that the partners have been separated for a period of 12 months and that there are no chances of their getting back together. It is also not necessary for a joint divorce application to be filed. Australian family law allows either partner or both jointly to file an application for divorce.

The court needs to be certain that the marriage has broken down irretrievably and that there is no hope for reconciliation at all. This requirement is particularly acute if the partners have been married for a period under two years. To ensure that the partners are not getting a divorce in haste, the court requires a certificate signed by a counseling agency to be filed with the divorce papers. This certificate attests that the partners have sought counseling as a means to seek reconciliation before applying for a divorce process in Australia. Similarly, if either spouse cannot be traced, the applicant can pursue the divorce application as long as they demonstrate that they have made efforts to locate the untraceable spouse.

Usually, the divorce proceedings do not take much time if there are no minor children involved. However, if the custody of children under 18 is an issue, then the applicants need to demonstrate that they have made adequate arrangements for the care of their children after the divorce. More so, unless a joint application is made by both partners, the applicant needs to be present at the hearing if there are children under 18 involved.

If either partner wishes to oppose an application of divorce filed by the spouse, he or she may file a response to the divorce application or a response to the jurisdiction if they feel that the divorce has not been filed in the right jurisdiction.

As long as you were separated for 12 months and a day – even under one roof – you are eligible for divorce, whether your husband wants the divorce or not.  You can fill out the divorce application by yourself, completing all of the information about him. If you don’t know some of the answers, just write in “not known” on the form.

Sometimes there are variations of separations.  Perhaps you separated under one roof for three months and then one of you moved out for another 9 months.   If you lived under one roof for any part of the 12 months required prior to filing for divorce, you need to file an affidavit along with your divorce application.  An affidavit is a statement made by you or another person, serving as your testimony about particular issues.

In your affidavit, you need to show that you and your spouse separated even though you were under one roof (see above) and you need to explain why you remained living in the same house.   You also need to explain what the living arrangement were for any of your children who were under 18 during the separation and what government agencies you told about your separation.

Pretty much what you would have done if one of you had moved out.  But now you may be required to prove that you are leading “separate lives”.  Social Security law breaks down the relationship into five categories when determining whether or not there was separation under one roof.

1. The financial aspects of the relationship.  Have you separated out your finances?  Do you hold different bank accounts?  Is there a property settlement or did you seek legal advice about dividing your property?

2. Nature of the household.   This factor considers the physical separation within the house, making you and your spouse independent of one another.   Are you living in separate rooms?  Have you stopped eating together?  Do you no longer help each other with laundry, cleaning, cooking and shopping?

3. Social Aspects of the Relationship.  This has to do with how you are viewed by others.  Do you no longer go out together – to functions, parties, holidays – as a couple?  Have you told other people that you are no longer together?  Do one or both of you have a relationship with someone else?

4. Absence of a sexual relationship.

5. Nature of the Commitment.  This factor considers whether the level of commitment between the partners has changed.  Have you stopped discussing joint plans for the future?  Would you help the other person in a time of crisis?

A court may consider any or all of these factors when deciding whether or not the separation requirement was fulfilled.

Nullity is an invalidation of the marriage.  While divorce takes a marriage and terminates it, nullification basically erases the marriage, as if it never existed.   But you can’t pick between nullity and divorce.

The Marriage Act, 1961 (give link to the law) lists the reasons for a marriage to be voided (Section 23):

(i) Bigamy: One or both partners were already married at the time or;

(ii) Prohibited: relationship :(ie brother and sister) or;

(iii) Underage: One or both partners were under age (18 at the time of the marriage) and did not receive the approvals required by law or;

(iiii) One or both parties were:

1. forced into the marriage under duress or fraud or;
2. mistaken regarding the identity of the person they were marrying or the nature of the ceremony or;
3. mentally incapable of understanding the nature of the marriage ceremony or the effect of the ceremony.

If there is both a request for a nullity and a request for a divorce, the court will not grant the divorce unless it has first dismissed the nullity request.

There are three requirements for divorcing in Australia:

• You are an Australian citizen by birth or descent (one or both parents are Australian) or Australian citizenship was granted to you OR;
• You must consider Australia your home and currently be living in Australia and intend to live in Australia indefinitely, OR;
• You ordinarily live in Australia and have lived in Australia for 12 months immediately before filing for divorce (even if you took short holidays or business trips overseas).