At Mathews Family Law and Mediation Services, we have wide experience in matters related to divorce property settlement. We take the time out to understand your concerns and offer the best possible solutions based on your individual situation. Our property settlement lawyers have an unrivalled reputation and can help you make an informed decision. We understand that separation is a stressful phase and assure you that we will be there for you when you need us. Reaching a mutually acceptable financial agreement in divorce can be daunting. With our bespoke service, we will approach your case to deliver a favourable financial outcome. We are driven by the zeal to ensure a fair settlement and you can count on us even for the most complex cases.

Divorce Settlement in Australia

At Mathews Family Law and Mediation Services, we have wide experience in matters related to divorce property settlement. We understand that even if your finances are separate, there is the need for a formal financial settlement. Our experienced lawyers possess the expertise and understanding to enable you to handle the financial aspects of divorce as successfully as possible. We will outline ways to reach a fair settlement so that you do not face any legal disagreements in future. Approachable and experienced, our lawyers will help you get the results you want.

Reaching Financial Agreement in Divorce

After you have taken the decision to divorce, sorting out the financial aspects can be a complex task. There is much to consider but with the backing of our expert property settlement lawyers, you can be sure that you will be supported at every step. We take the time out to understand your concerns and offer the best possible solutions based on your individual situation. Our property settlement lawyers have an unrivalled reputation and can help you make an informed decision. We understand that separation is a stressful phase and assure you that we will be there for you when you need us. Reaching a mutually acceptable financial agreement in divorce can be daunting. With our bespoke service and clear legal advice, we will approach your case to deliver a favourable financial outcome. We are driven by the zeal to ensure a fair settlement and you can count on us even for the most complex cases. We will ensure that your interests are protected and the divorce proceedings are as amicable as can be.

If you have any queries about family law property settlement, do not hesitate to book a consultation. We are here to answer any questions that you may have and will be happy to guide you through the process of a divorce property settlement.

Property Settlement Lawyers

If you have any queries about family law property settlement, do not hesitate to book a consultation. We will be happy to assist you.

Melbourne’s Accredited Family Law Specialists and Mediation Experts

Specialist Family Law Advice. Strategic Resolution. Personal Support.

At Mathews Family Law & Mediation Specialists, we are dedicated exclusively to family law and dispute resolution.

Our Accredited Family Law Specialists assist individuals and families throughout Melbourne, Victoria, Australia and overseas with complex and sensitive family law matters, including separation, divorce, parenting disputes, property settlements, financial agreements and mediation.

Our unique strength is the combination of specialist family law expertise with advanced mediation and dispute resolution skills.

Unlike many family law firms, our Family Dispute Resolution Practitioners (FDRPs) and mediators are also experienced family law specialists. This means our mediations are informed by a detailed understanding of family law principles, negotiation strategy and the practical realities facing families after separation.

A Different Approach to Family Law

Family law disputes do not always need to be resolved through Court proceedings.

At Mathews Family Law & Mediation Specialists, we are committed to helping clients resolve matters efficiently, respectfully and cost-effectively wherever possible.

Our dispute resolution services include:

• Negotiation
• Lawyer-assisted settlement discussions
• Family Dispute Resolution (FDR)
• Mediation
• Collaborative approaches
• Arbitration
• Court representation where required

Our focus is always on finding practical solutions while protecting our clients’ legal rights and long-term interests.

Experienced in Complex Family Law Matters

Our Accredited Family Law Specialists provide advice and representation across all areas of family law, including:

• Divorce and separation
• Parenting arrangements and complex parenting disputes
• International relocation matters
• Property settlements
• Complex financial matters involving businesses, trusts and superannuation
• Binding Financial Agreements
• Family Dispute Resolution and mediation

Every family law matter is unique. We combine technical legal expertise with a genuine understanding of the emotional and financial challenges that arise when relationships break down.

Vanessa Mathews – Accredited Family Law Specialist, FDRP and Mediator

Principal Vanessa Mathews is an Accredited Family Law Specialist, Family Dispute Resolution Practitioner and Mediator.

Vanessa was one of the early Accredited Family Law Specialists to also become accredited as a Family Dispute Resolution Practitioner and Mediator, reflecting her longstanding commitment to helping families resolve disputes constructively.

Her multidisciplinary background provides a unique perspective when assisting clients with complex family law matters. Vanessa holds:

• A Bachelor of Laws
• A Bachelor of Commerce from the University of Melbourne
• A Bachelor of Social Work from the University of Melbourne

This combination of legal, commercial and social work expertise enables Vanessa to understand both the legal complexities and the human impact of family breakdown.

Vanessa and the MFL team regularly contribute to the broader professional community through education and training for:

• Accountants
• Financial advisers
• Mental health professionals
• Allied health organisations
• Community organisations

Through seminars, professional development presentations and community initiatives, Mathews Family Law continues to promote better understanding of family law and dispute resolution.

Boutique Service. Specialist Expertise.

Mathews Family Law combines the personal service of a boutique law firm with the specialist expertise expected from a leading family law practice.

Our clients benefit from:

✔ Direct access to experienced family law specialists
✔ Tailored legal strategies
✔ Strong negotiation and mediation expertise
✔ Clear communication and practical advice
✔ Flexible service options
✔ A commitment to resolving matters efficiently wherever possible

Why Clients Choose Mathews Family Law

Clients choose Mathews Family Law because they want more than legal advice—they want experienced guidance during one of the most challenging periods of their lives.

We provide:

✔ Specialist family law expertise
✔ A resolution-focused approach
✔ Mediation and dispute resolution experience
✔ Personalised strategies for each client’s circumstances
✔ Transparent communication
✔ Flexible options including unbundled and full-service representation

Innovation and Accessible Family Law Services

Mathews Family Law has long embraced technology to improve access to specialist legal advice.

We have developed innovative systems designed to make family law services more accessible, efficient and affordable for clients throughout Australia and overseas.

Our services include:

• Online client information forms
• Digital consultations
• Video conferencing for meetings, mediation and Family Dispute Resolution
• Online payment facilities
• Interactive legal resources and calculators

We also provide a comprehensive library of free educational resources, including:

• Family law articles
• Podcasts
• Webinars
• Videos
• Downloadable guides
• Professional presentations

Our aim is to help people understand their legal options and make informed decisions about their future.

Professional Accreditation and Memberships

Mathews Family Law & Mediation Specialists maintains professional accreditation and membership with leading legal and dispute resolution organisations, including:

• Law Institute of Victoria
• Law Institute of Victoria Family Law Section
• Law Council of Australia Family Law Section
• International Academy of Family Lawyers
• Attorney-General’s Department accredited Family Dispute Resolution Practitioners
• National Mediation Accreditation System
• Australian Institute of Family Law Arbitrators and Mediators
• Resolution Institute
• Victorian Association for Dispute Resolution
• Relationships Australia Access Resolve Mediation Program
• Relationships Australia Family Lawyers Panel

These professional affiliations demonstrate our commitment to excellence, ongoing professional development and the highest standards of family law practice.

Community Commitment and Access to Justice

At Mathews Family Law, we believe access to quality legal information and advice should be available to everyone.

Our commitment to corporate social responsibility is demonstrated through practical initiatives, including:

• Providing free legal information resources
• Offering educational videos and articles
• Publishing family law guides and calculators
• Providing complimentary initial telephone consultations
• Offering fixed-fee services where appropriate
• Providing flexible options including unbundled legal services

Vanessa Mathews’ social work background has contributed to the firm’s strong commitment to supporting the community and improving access to justice.

Award-Winning Melbourne Family Lawyers

Mathews Family Law has been recognised for excellence in family law and mediation.

Recognition includes:

• Winner – Boutique Family Law Firm of the Year, Australia – Global Law Experts
• Winner – Family Law Mediator of the Year, Australia – Global Law Experts
• Finalist – Law Institute of Victoria Boutique Law Firm of the Year
• Recommended Family Law Firm – Doyle’s Guide
• Recommended Family Law Mediator – Doyle’s Guide
• Leading Parenting Lawyer – Doyle’s Guide
• Recognition by ThreeBestRated

These achievements reflect our commitment to specialist expertise, innovative dispute resolution and outstanding client service.

Speak with an Accredited Family Law Specialist

If you require advice about separation, divorce, parenting arrangements, property settlement or mediation, the team at Mathews Family Law & Mediation Specialists is here to help.

Contact us today to arrange your complimentary initial telephone consultation with an Accredited Family Law Specialist.

We will listen to your circumstances, explain your options and help you move forward with confidence.

Frequently Asked Questions About Accredited Family Law Specialists, Mediation and Family Law

What is an Accredited Family Law Specialist?
An Accredited Family Law Specialist is a lawyer who has demonstrated advanced knowledge, skills and experience in the specialised area of family law.
Accreditation is awarded by the relevant state or territory legal professional body after the lawyer has met rigorous requirements, including demonstrating substantial experience in family law, completing specialist assessment processes and maintaining ongoing professional development.
Choosing an Accredited Family Law Specialist provides reassurance that your lawyer has a high level of expertise in areas such as:
Divorce and separation
Property settlements
Parenting disputes
Financial agreements
Family law negotiations
Family dispute resolution
Court proceedings
Family law is complex and constantly evolving. An Accredited Family Law Specialist can provide specialist advice to help you understand your legal rights, obligations and options.
At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists focus exclusively on family law and dispute resolution.

Why choose a family law mediator who is also a lawyer?
A mediator who is also an experienced family lawyer brings a deeper understanding of the legal issues that may affect your agreement.
Family law mediation is not simply about finding a compromise. A successful mediation requires an understanding of:
Your legal rights and obligations
The factors that influence a fair outcome
The practical consequences of different settlement options
How agreements can be documented and formalised
At Mathews Family Law & Mediation Specialists, our mediators are also experienced family law professionals. This combination of legal expertise and dispute resolution skills enables us to help families explore practical solutions while ensuring they understand the legal implications of their decisions.

Can family law disputes be resolved without going to Court?
Yes. Many family law disputes can be resolved without Court proceedings.
The Australian family law system encourages separating couples to attempt to resolve disputes through negotiation and dispute resolution wherever appropriate.
Options may include:
Direct negotiation between parties
Lawyer-assisted negotiation
Family Dispute Resolution (FDR)
Mediation
Collaborative law
Arbitration

Resolving matters outside Court can often reduce:
Legal costs
Delay
Conflict
Emotional stress and uncertainty

However, every situation is different. Some matters require Court involvement, particularly where there are significant disagreements, safety concerns, complex financial issues or an inability to reach agreement.
An Accredited Family Law Specialist can help you understand the most appropriate pathway for your circumstances.

What is the difference between mediation and Family Dispute Resolution?
Mediation and Family Dispute Resolution (FDR) are both processes designed to help people resolve disputes without going to Court.
Family Dispute Resolution (FDR) is a specific dispute resolution process recognised under the Family Law Act 1975 and is commonly used for parenting disputes. In many cases, parents must attempt FDR before applying to the Court for parenting orders.
Mediation is a broader dispute resolution process where an independent mediator assists parties to communicate, identify issues and explore possible agreements.
Both processes aim to:
Encourage constructive discussions
Reduce conflict
Help parties reach their own agreements
Avoid unnecessary litigation where possible
At Mathews Family Law & Mediation Specialists, our Family Dispute Resolution Practitioners and mediators have specialist family law experience, allowing us to assist clients with complex parenting, property and financial disputes.

Do I need a family lawyer for a property settlement?
While it is possible to negotiate a property settlement without a lawyer, obtaining specialist legal advice is strongly recommended.
A property settlement involves more than simply dividing assets. Important considerations may include:
The value of assets and liabilities
Superannuation interests
Businesses and trusts
Contributions made during the relationship
Future financial circumstances
Tax implications
How the agreement should be legally formalised
An informal agreement between separated partners may not provide finality and may leave the possibility of future claims.
An Accredited Family Law Specialist can help you understand your entitlements, negotiate effectively and ensure your agreement is properly documented.
At Mathews Family Law & Mediation Specialists, we assist clients with property settlements ranging from straightforward matters to complex financial cases involving significant assets.

How can an Accredited Family Law Specialist help with divorce?
A divorce is the legal process that formally ends a marriage. In Australia, divorce is separate from other family law issues such as property settlement, parenting arrangements and financial matters.
An Accredited Family Law Specialist can assist you by:
Explaining the divorce process
Advising whether you meet the requirements for divorce
Preparing and filing divorce applications
Advising about separation requirements
Addressing issues involving children
Explaining how divorce interacts with property settlement time limits
Although divorce is often an administrative process, separation frequently involves complex legal and financial decisions. Obtaining early specialist advice can help protect your future interests.
At Mathews Family Law & Mediation Specialists, we provide clear advice and practical support to guide clients through separation and divorce. We also offer an fixed-fee online divorce service – divorce-online.com.au

How early should I seek family law advice after separation?
It is usually beneficial to obtain legal advice early, even if you and your former partner are communicating well.
Early advice can help you:
Understand your legal rights and responsibilities
Avoid costly mistakes
Identify opportunities for early resolution
Protect your financial position
Make informed decisions about parenting arrangements
Seeking advice does not mean you are committing to Court proceedings. Often, early specialist advice helps parties resolve matters more efficiently and with less conflict.

Do I have to go to Court to get a family law outcome?
No. Court is only one pathway for resolving family law matters.
Many clients achieve successful outcomes through negotiation, mediation or other dispute resolution processes.
At Mathews Family Law & Mediation Specialists, our approach is resolution-focused. We explore practical alternatives to litigation wherever appropriate while ensuring our clients’ legal rights and interests are protected.
Where Court proceedings are necessary, our experienced family lawyers provide strategic representation.

How can Mathews Family Law & Mediation Specialists help?
Mathews Family Law & Mediation Specialists provides specialist advice and dispute resolution services across all areas of family law, including:
Divorce
Property settlements
Parenting disputes
Family Dispute Resolution
Mediation
Financial agreements
Complex family law matters

Our Accredited Family Law Specialists combine legal expertise, negotiation skills and a commitment to helping clients achieve practical outcomes.
Contact Mathews Family Law & Mediation Specialists to arrange your complimentary initial telephone consultation with an Accredited Family Law Specialist.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and 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.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and 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.

How Can I Formalise My Property Settlement?

There are two primary ways to formalise a property settlement in Australia:

1. Consent Orders
2. Binding Financial Agreements (BFAs)

The most appropriate option depends on your individual circumstances and legal objectives. Our Accredited Family Law Specialists can advise which approach is best suited to your situation.

---

Consent Orders

If you and your former partner have reached an agreement, you can jointly apply to the Federal Circuit and Family Court of Australia for Consent Orders.

Consent Orders:

• Record the terms of your agreement
• Are reviewed by the Court
• Become legally binding once approved
• Have the same legal effect as orders made by a Judge after a hearing

Before making Consent Orders, the Court must be satisfied that the proposed settlement is just and equitable.

Although it is possible to prepare the documents yourself, they are technical legal documents. Obtaining advice from an Accredited Family Law Specialist helps ensure your agreement accurately reflects your intentions and avoids costly mistakes.

---

Binding Financial Agreements (BFAs)

A Binding Financial Agreement (BFA) is a private legal agreement between parties that can deal with financial matters before, during or after a relationship.

A BFA may cover:

• Division of property
• Financial resources
• Superannuation (where applicable)
• Spousal maintenance, including permanently resolving future maintenance claims where appropriate

Unlike Consent Orders, a BFA is not approved by the Court. Instead, strict legal requirements must be satisfied before it becomes legally binding.

Importantly, each party must receive independent legal advice before signing the agreement. Failure to comply with these legal requirements may result in the agreement being challenged or set aside.

---

Consent Orders or a Binding Financial Agreement?

Both options provide legal certainty, but they serve different purposes.

Consent Orders may be appropriate where:

• Both parties have reached agreement.
• Court approval is desirable.
• The proposed settlement is just and equitable.

Binding Financial Agreements may be appropriate where:

• Greater flexibility is required.
• Parties wish to keep their financial arrangements private.
• Spousal maintenance rights are intended to be permanently resolved.
• The agreement is made before, during or after a relationship.

Our Accredited Family Law Specialists can advise which option best meets your circumstances.

---

Important Time Limits

Many people mistakenly believe they must wait until they are divorced before dealing with property settlement.

This is not the case.

Property settlement and divorce are separate legal processes, and financial matters can often be resolved before a divorce is final.

However, strict time limits apply:

• Married couples generally have 12 months after their divorce becomes final to commence Court proceedings for property settlement.
• De facto couples generally have two years from the date of separation to commence proceedings.

If these time limits expire, you may require the Court’s permission to proceed, which can be difficult, costly and is not automatically granted.

Obtaining legal advice early helps protect your rights.

---

Speak with an Accredited Family Law Specialist

Whether you have reached an agreement or are still negotiating with your former partner, obtaining specialist legal advice before finalising your property settlement can help protect your future.

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists provide clear, practical advice tailored to your individual circumstances. We can assist with Consent Orders, Binding Financial Agreements, negotiated settlements and Court proceedings where necessary.

Contact us today to arrange your complimentary 15-minute telephone consultation. We’ll explain your options, answer your questions and help you achieve a legally binding property settlement with confidence.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and 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.

Many married Australians own properties in the country and or overseas. What happens to these properties in the unfortunate event of a divorce?

A recent verdict by the Full Court of the Family Court of Australia in Anderson & McIntosh’s (2013) FLC 93-568 case showed.

The Anderson & McIntosh Case

The couple involved in the case, married in Australia in 1988. They shifted base to another country in 2006 and then separated in 2009. Finally got divorced overseas in December 2010. A decree from a foreign country relating to the properties was issued. There were no Orders sought for the couple’s properties in Australia.

The parties reached an agreement on the settlement of the properties in the foreign land, which received approval from the Court in that country. During the same time, a divorce decree was issued. The foreign court’s ruling did not deal with the couple’s properties in Australia.

The wife made an application to an Australian court in relation to the property settlement 12 months after the divorce. The Husband sought to have her application dismissed citing the reason that it had been more than 12 months since the divorce and that the S 44(3) of the Act necessitated a Leave of Court for instituting court proceedings, with respect to the settlement of properties in Australia.

The Husband’s plea was dismissed and so he made an appeal to the Full Court, which was also dismissed.

Overseas Divorce not a “Divorce Order”

The following are the key points from the Full Court verdict in the Anderson & McIntosh case:

• A divorce obtained overseas is recognized under Section 109 of the Family Law Act 1975. But, under the Act, the rights that the parties are entitled to in an overseas divorce are not the same as in the case of a divorce obtained in Australia.
• Section 44(3) of the Act does not recognize an overseas divorce as a “divorce order”. So, a Leave of Court – permission from the Court to take an action – is not needed to begin legal proceedings in Australia even if it has been 12 months or more since the divorce

Options to Reduce Overseas Divorce Impact

The following options could have been explored by the Husband in the above case to reduce the impact of the overseas divorce:

• The Husband could have appealed for property settlement of the Australian properties in the foreign country provided such a plea is acceptable in that country.
• The Husband could have sought orders in relation to property settlement for the properties in Australia at the same time as orders were being sought by the Wife in the foreign country. The Husband could also have entered into a financial agreement as specified by the Act for a property settlement with respect to the Australian properties.
• The Husband could have sought a divorce in Australia.

If you are to undertake getting divorced overseas, it is critical to understand the legalities surrounding property settlement in that country and any country you own properties.

A mutually agreeable decision can be reached only when all facts are available. The assistance of legal experts in such cases becomes invaluable.

Get in touch with the legal experts at Mathews Family Law & Mediation. We are one of Melbourne’s leading law firms with years of experience and a track record of delivering successful outcomes in divorce proceedings, family law property settlement, child support, spousal maintenance, mediation and a range of other family law issues.

Click here to request a free initial consultation or call 1300 635 529 now.

The Importance of Negotiating a Family Law Settlement

The importance of meaningful settlement negotiations in family law cannot be overstated.

While every separating couple has their own unique circumstances, one principle remains consistent: a genuine attempt to resolve disputes early can save significant time, stress and legal costs.

A recent Family Court decision highlights the risks of allowing conflict and emotion to prevent reasonable settlement discussions.

In that matter, the Court ordered the wife to pay the husband $30,000 in legal costs after finding that she had failed to make a meaningful attempt to negotiate a resolution. The Court considered that her approach to the litigation had been influenced by anger and distress, and that she had rejected a settlement offer that ultimately exceeded the outcome she received at trial.

The result was significant:

• The settlement outcome was less favourable than the offer that had been rejected; and
• A substantial costs order was made against her.

The Lesson: Settlement Requires Strategy

Family law disputes are understandably emotional. Separation often involves feelings of disappointment, hurt, uncertainty and frustration.

However, successful family law outcomes require careful decision-making and a focus on practical solutions.

A well-considered negotiation strategy can help you:

✔ Reduce legal costs
✔ Minimise stress and conflict
✔ Maintain greater control over the outcome
✔ Avoid the uncertainty of a Court determination
✔ Reach a resolution sooner

This does not mean accepting an unfair outcome. It means obtaining specialist legal advice, understanding your legal position and approaching negotiations with a clear strategy.

The Benefits of Mediation and Negotiation

At Mathews Family Law & Mediation Specialists, we believe that many family law disputes can be resolved effectively through negotiation and mediation.

Our Accredited Family Law Specialists and mediators assist clients to:

• Understand their legal rights and options
• Evaluate settlement proposals
• Negotiate strategically
• Identify practical solutions
• Resolve disputes without unnecessary Court proceedings wherever possible

Where Court proceedings are necessary, we continue to focus on achieving the best possible outcome while exploring opportunities for settlement throughout the process.

Resolve Your Family Law Matter with Experienced Guidance

If you are facing a property settlement, parenting dispute or other family law matter, early advice can make a significant difference.

Contact Vanessa Mathews, Accredited Family Law Specialist and Mediator, to discuss your options.

Call 1300 635 529 or email [email protected] to arrange a consultation.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and 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.

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

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.

Whether you were party to a valid marriage or a de facto relationship, you are entitled to property division. While the courts maintain broad discretion with regard to property division, they strictly adhere to the following four-step process to determine who gets what.

1. Identify/value the property – includes all assets and liabilities
2. Consider contributions of the parties – includes financial and non-financial contributions
3. Consider relevant factors – including but not limited to age, health, income, an standard of living of the parties
4. Ensure order is just and equitable – the order must be fair

Generally, the courts will look to split the net asset pool of the parties equally, unless while applying steps one through four it is apparent that an unequal split of the assets would be just and equitable.

The goal of property division is to both to allow parties to finalise their economic relationship, and also to recognise contributions to property. However, while the goal is to allow the parties to reach economic independence, a valid property order may in fact be varied under certain circumstances.

Contact the team at Mathews Family Law to speak with a family law attorney today, and discuss your family law property settlement matter.

One of the most common concerns following separation is understanding how property will be divided.

In Australia, property settlements are governed by the Family Law Act 1975 and apply to both married couples and eligible de facto couples (including same-sex couples).

The purpose of a property settlement is not simply to divide assets. It is also intended to help finalise the financial relationship between the parties and provide certainty for the future.

The law recognises that contributions to a relationship are not limited to financial contributions. Contributions made as a homemaker, parent or through non-financial efforts are also considered.

The Importance of Finalising a Property Settlement

A formal property settlement can provide certainty and allow both parties to move forward independently.

An informal agreement between separating partners may not provide legal finality. Unless a property settlement is properly formalised, there may be a risk that a former partner could seek a property adjustment in the future.

Time limits also apply:

• Married couples generally have 12 months from the date a divorce order takes effect to commence property proceedings.
• De facto couples generally have two years from separation to commence property proceedings.

Obtaining advice early can help you understand your options and avoid unnecessary disputes.

How Does the Court Decide a Property Settlement?

Australian courts generally apply a four-step approach when determining property settlements.

Step One: Identify and Value the Property Pool

The first step is identifying all assets, liabilities and financial resources.

The property pool may include:

• real estate;
• bank accounts and investments;
• businesses and company interests;
• trusts;
• superannuation;
• vehicles and personal property;
• inheritances;
• liabilities and debts;
• other financial resources.

The value of the property is usually determined as at the date the matter is being considered, not simply the date of separation.

Once assets and liabilities are identified and valued, the net asset pool can be calculated.

Step Two: Assess Contributions

The Court considers the contributions made by each person throughout the relationship.

These may include:

Financial contributions

Examples include:

• income;
• savings;
• property purchases;
• mortgage repayments;
• business investments.

Non-financial contributions

Examples include:

• renovations;
• improvements to property;
• unpaid work that increases the value of assets.

Contributions as homemaker and parent

The law recognises that caring responsibilities and maintaining the household can be significant contributions to a relationship.

The assessment of contributions depends on the individual circumstances of each relationship.

Step Three: Consider Future Needs

The Court then considers factors that may affect the future circumstances of each person.

These may include:

• age and health;
• income and earning capacity;
• responsibility for children;
• financial resources;
• future care responsibilities;
• the impact of the relationship on earning capacity;
• other relevant financial circumstances.

This step recognises that an equal division of assets is not always an appropriate outcome.

Step Four: Is the Outcome Just and Equitable?

Finally, the Court must consider whether the proposed property division is fair in all the circumstances.

There is no automatic formula that determines how property must be divided.

Every relationship is different, and the outcome depends on the particular facts, contributions and future circumstances of each person.

Negotiated Property Settlements

Many property matters can be resolved without Court proceedings.

At Mathews Family Law & Mediation Specialists, we assist clients through a range of dispute resolution options, including:

• negotiation;
• lawyer-assisted settlement discussions;
• mediation;
• Family Dispute Resolution;
• collaborative approaches; and
• Court representation where required.

Our goal is to help clients achieve practical and legally sound outcomes while minimising unnecessary conflict and expense.

Property Settlement Lawyers Melbourne

Property settlements can involve complex issues including businesses, trusts, superannuation, inheritances and significant asset pools.

The Accredited Family Law Specialists at Mathews Family Law & Mediation Specialists provide strategic advice tailored to your circumstances and help clients throughout Australia resolve complex financial matters following separation.

Contact our team to arrange a consultation about your property settlement options.

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 a couple divorces (or de facto or same-sex couples terminate their relationship), one of the major decisions to make is “who gets what”.  A pre-nuptial agreement (often called a ‘pre-nup’) may help make this division easier.  If a couple can decide between them and come up with their own agreement, long court battles can be avoided. If not, the courts have their own way of dealing with property division. In Australia, the courts place all property into one pool and then divide it “equitably” or fairly.  Everything is included and considered joint property by the courts.

The law governing property division(link to “Property Division FAQs”) between spouses or de facto couples is Part VIII of the Family Law Act, 1975 (FLA). The law provides guidelines for the courts to use when dividing property. There are a number of factors the court will consider and which couples should know about.  Below is a list of some considerations.

Think about the children

Before even entering into the fight, divorcing couples should consider their children when dividing up property. It might be more “fair” to sell the marital home, but parents (if they can afford to) should also consider the impact of this change on the children. If parents are going to share parenting time, they should think about what children will need in each home and also divide accordingly. If one parent is moving to a smaller home, he or she might not have space for so much furniture, so why demand it just for the sake of being fair. Both parents should consider the physical and emotional needs of their children, not just what they themselves believe they are entitled to receive. 

Depreciation of ownership rights

Over time, the contribution of the person who brought the property decreases and the contribution of the other partner increases. For example, one person may have purchased the house prior to the marriage, but the other partner paid most of the mortgage on it for the next 20 years.  The investment in the house may be equal by the time the couple splits up and the court will consider this relevant in making an equitable distribution.

The value of the property when it was acquired.

The courts will consider the value of the property when it was brought into the marriage as well as the length of the marriage. There is a difference between a house that was worth $100,000 and one worth $2 million. If a couple was married for only a short period and during that time the marital home tripled in value, how much is the spouse who purchased it prior to the marriage entitled to?  How much is the other spouse, who paid next to nothing in terms of mortgage and maintenance, entitled to?

Non-financial contribution

The courts in Australia today recognize that in many marriages today, one partner may earn a high salary while the other contributes to the marriage in a non-financial capacity. This role has a value that also needs to be measured for property purposes. Many couples decide that one partner will stay home to care for the house and children. This enables the other partner to obtain an education, gain professional experience and earn a higher wage. The stay-at-home parent is entitled to financial compensation for his or her job at home and for allowing the other spouse professional development.

The parent who stays at home makes other large non-financial contributions to the home. By being at home, the family saves thousands of dollars on child care and possibly cleaners and cooks. Finally, the at-home spouse may undertake do-it-yourself jobs, like painting, also worth a good deal of money to the family, but without any actual monetary compensation.  Imagine a spouse who repaints the inside of the house.  Not only has the family saved on the expense of paying an outside contractor but the value of the home has also increased.

Use and maintenance of the property

The court will consider not only the worth of the couple’s property but also how it is used. In one family, for example, the father stays home to care for the children. He is responsible for all household work – cooking, cleaning, gardening, and paying bills. The mother, in turn, works long hours to provide a good income and financial stability.  No doubt the mother “earned” her share of the house, but so did the father. The court might ask who actually needs the home more. In this case, the court may consider equitable distribution to mean that the father keeps the house and the mother receives other property.

Future needs

Section 75(2) of the FLA lays out the factors a court uses to determine the “future needs” of each spouse. The court considers age, health, professional training and ability and property and financial resources, among other factors.  Based on this analysis, the court may decide that a particular spouse is entitled to more of the marital property, to compensate for that person’s weaker ability to earn a living.

Family law property matters are complex, and can benefit from the guidance of specialist family law attorneys. Contact Mathews Family Law to discuss your family law property settlement today.

The same laws about property apply whether or not you were married or in a same sex relationship. You can start negotiations about property as soon as the relationship has broken down.

In a same sex relationship, you must commence property or maintenance proceedings within two years of your separation.