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.

Specialist Family Law Advice Tailored to Your Circumstances

At Mathews Family Law & Mediation Specialists, we understand that family law matters are often some of the most challenging experiences individuals and families face.

Whether you are considering separation, navigating divorce, resolving a property settlement, making parenting arrangements or seeking advice about financial agreements, our Accredited Family Law Specialists provide clear, strategic and compassionate legal advice tailored to your individual circumstances.

Family law is our focus. We take the time to understand your concerns, explain your options and develop a practical legal strategy designed to help you achieve the best possible outcome.

Comprehensive Family Law Services

Our experienced Melbourne family lawyers assist clients with all aspects of family law, including:

• Divorce and separation
• Property settlements and financial agreements
• Parenting arrangements and parenting disputes
• Child support matters
• Spousal maintenance
• Binding Financial Agreements
• Family Dispute Resolution and mediation
• Complex financial matters involving businesses, trusts and superannuation
• Family law negotiations and Court representation

Every family law matter is different. Our approach is never one-size-fits-all. We provide advice that is specifically tailored to your circumstances, priorities and goals.

Compassionate Advice During Difficult Times

We understand that separation and family disputes involve more than legal issues. They can affect your finances, relationships, children and future plans.

Our team approaches every matter with professionalism, understanding and empathy. We believe that strong legal advice should be combined with practical guidance and support, helping you make informed decisions during an uncertain time.

From your first consultation, we focus on understanding:

• What matters most to you
• Your immediate concerns and long-term goals
• The options available to resolve your matter
• The most effective and cost-conscious pathway forward

Negotiation, Mediation and Dispute Resolution Specialists

At Mathews Family Law & Mediation Specialists, we are committed to resolving disputes efficiently wherever possible.

Many family law matters can be successfully resolved through:

• Negotiation
• Mediation
• Family Dispute Resolution
• Collaborative approaches

Our dispute resolution experience allows us to help clients avoid unnecessary conflict, delay and legal costs where appropriate.

Where Court proceedings are required, our experienced family lawyers provide strong and strategic representation to protect your interests.

Trusted Family Lawyers in Melbourne’s Eastern Suburbs

Located in Melbourne’s Eastern suburbs, Mathews Family Law & Mediation Specialists assists clients throughout Melbourne, Victoria, interstate and overseas through modern technology and flexible appointment options.

Our reputation has been built on:

✔ Accredited Family Law Specialist expertise

✔ Personalised and responsive service

✔ Strong negotiation skills

✔ Practical, solution-focused advice

✔ Extensive experience in complex family law matters

✔ A commitment to achieving the best possible outcomes for our clients

Why Choose an Accredited Family Law Specialist?

Family law is complex and constantly evolving. Choosing an Accredited Family Law Specialist means choosing a lawyer who has demonstrated advanced knowledge, experience and expertise in this specialised area of law.

Our team understands the legal, financial and emotional complexities involved in separation and family disputes and provides advice designed to protect your interests and your future.

Book Your Free Initial Consultation

If you need experienced family law advice in Melbourne’s Eastern suburbs, our team is here to help.

Contact Mathews Family Law & Mediation Specialists today to arrange your free initial telephone consultation with an Accredited Family Law Specialist.

We will listen to your circumstances, explain your options and help you take the next step with confidence.

Call 1300 635 529 or contact us online to speak with our experienced family law team.

• ✔ Accredited Family Law Specialists
• ✔ Recognised by Doyle’s Guide as a Leading Family Law Firm
• ✔ Free 15-Minute Initial Telephone Consultation
• ✔ Fixed Fees Available for Many Services
• ✔ Mediation, Negotiation & Court Representation
• ✔ Online Appointments Across Australia & Overseas
• ✔ Personalised, Compassionate Advice
• ✔ Trusted by Hundreds of Clients

Why Choose Mathews Family Law & Mediation Specialists?

Do You Need an Accredited Family Law Specialist?

When you’re facing separation, divorce, parenting disputes or a property settlement, the lawyer you choose can make a significant difference to the outcome of your matter.

At Mathews Family Law & Mediation Specialists, family law is not just one of the areas we practise—it is our exclusive focus. Our firm is dedicated to helping individuals and families resolve family law disputes with practical advice, strategic guidance and compassionate support.

Why Choose Us?

Accredited Family Law Specialists

Our team includes Accredited Family Law Specialists, a qualification awarded by the Law Institute of Victoria to lawyers who have demonstrated advanced knowledge, substantial experience and specialist expertise in family law.

Choosing an Accredited Family Law Specialist means choosing a lawyer whose expertise has been independently recognised and who is committed to maintaining the highest professional standards.

Recognised Leaders in Family Law

Mathews Family Law & Mediation Specialists is regularly recognised by Doyle’s Guide as a Leading Family Law Firm, and our Principal, Vanessa Mathews, has been recognised as a Leading Victorian Family Lawyer.

These independent rankings reflect our reputation within the legal profession for technical excellence, outstanding client service and consistently achieving positive outcomes.

A Resolution-Focused Approach

We understand that family law disputes can be emotionally and financially challenging.

Our priority is to help clients resolve matters:

• Promptly
• Cost-effectively
• With as little conflict as possible
• Without unnecessary Court proceedings wherever appropriate

Many matters can be successfully resolved through negotiation, mediation or family dispute resolution, saving clients significant time, stress and legal costs.

When litigation is necessary, our experienced lawyers provide strong and effective representation throughout the Court process.

Comprehensive Family Law Services

We are one of the few Melbourne family law firms offering a comprehensive range of dispute resolution services, including:

• Legal advice and strategic planning
• Lawyer-assisted negotiation
• Mediation and family dispute resolution
• Litigation and Court representation
• Unbundled legal services for clients who only require assistance with specific aspects of their matter
• Full-service legal representation from start to finish

This flexibility allows clients to choose the level of legal support that best suits their circumstances and budget.

Transparent Fees

We understand that legal costs are an important consideration.

Where appropriate, we offer fixed-fee services, providing greater certainty and allowing clients to make informed decisions about their legal representation.

Accessible Wherever You Are

Whether you are located in Melbourne, regional Victoria, interstate or overseas, our firm uses secure video conferencing and modern technology to provide convenient access to experienced family law advice wherever you are.

A Reputation Built on Results

Our greatest endorsement comes from the clients we have helped.

We are proud of the many testimonials we have received recognising our professionalism, responsiveness, compassion and commitment to achieving the best possible outcome for every client.

Why Specialist Family Law Advice Matters

Family law is a highly specialised and constantly evolving area of law.

Choosing an Accredited Family Law Specialist means choosing a lawyer with recognised expertise in matters including:

• Divorce
• Parenting arrangements
• Property settlements
• Spousal maintenance
• Child support
• Financial agreements
• De facto relationship disputes
• Family dispute resolution
• Complex financial matters involving businesses, trusts and superannuation

Early advice from a specialist can help protect your legal rights, identify opportunities for early resolution and avoid costly mistakes.

Speak with an Accredited Family Law Specialist

If you need trusted family law advice, we’re here to help.

Contact Mathews Family Law & Mediation Specialists today to arrange your complimentary 15-minute telephone consultation with one of our Accredited Family Law Specialists.

We’ll listen to your concerns, explain your legal options and help you take the next step with confidence.

Call 1300 635 529 or complete our online enquiry form to get started today.

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.

Mathews Family Law Welcome

Welcome to Mathews Family Law & Mediation Specialists

When your family circumstances change, having the right legal advice can make all the difference.

At Mathews Family Law & Mediation Specialists, we provide expert family law advice with compassion, integrity and professionalism. We understand that separation, divorce and family disputes can be some of the most challenging experiences in life. Our role is to guide you through the legal process with clarity, confidence and practical solutions tailored to your individual circumstances.

Led by Accredited Family Law Specialists, our firm has extensive experience assisting clients throughout Melbourne and Victoria in all areas of family law, including:

• Divorce
• Parenting arrangements and parenting disputes
• Property settlements and financial settlements
• Spousal maintenance
• Child support
• Binding Financial Agreements (pre-nuptial and post-separation agreements)
• Family dispute resolution and mediation
• Intervention orders where they intersect with family law matters
• Complex property matters involving businesses, trusts and superannuation
• De facto relationship matters

We recognise that every family is different. That is why we take the time to understand your goals, explain your legal options in plain English and develop a strategy that protects your interests while working towards the best possible outcome.

Where possible, we focus on resolving disputes through negotiation and mediation, helping clients avoid unnecessary conflict, delay and legal costs. When Court proceedings are necessary, you can be confident that your matter will be handled by experienced advocates committed to achieving the strongest possible result.

At Mathews Family Law & Mediation Specialists, we believe that exceptional legal representation is built on trust, communication and genuine care for our clients. From your first consultation to the resolution of your matter, you can expect responsive service, honest advice and unwavering support.

Why Choose Mathews Family Law & Mediation Specialists?

✔ Accredited Family Law Specialist expertise

✔ Personalised legal advice tailored to your circumstances

✔ Skilled negotiators and experienced litigators

✔ Strong focus on practical, cost-effective solutions

✔ Compassionate support during difficult times

✔ Transparent communication and realistic advice

✔ Free initial telephone consultation

Take the First Step Today

Whether you are considering separation, have recently separated, or need advice about parenting arrangements, property settlement, divorce or any other family law issue, obtaining early legal advice can help you make informed decisions and protect your future.

Contact Mathews Family Law & Mediation Specialists today to arrange your free initial telephone consultation.

Our experienced Accredited Family Law Specialists will take the time to understand your circumstances, answer your questions and explain your options so you can move forward with confidence.

Book Your Free Initial Telephone Consultation

Call our office today or complete our online enquiry form to speak with one of our Accredited Family Law Specialists. We are here to help when you need trusted family law advice most.

Child Custody – Basics

The Australian legislature made significant changes to the way the courts approach custody issues in 2006. This legislation indicated a strong preference for parents to reach an agreement without resorting to litigation, and also for parents to enjoy shared parental responsibility.

Consistent with the legislature’s aims, you are required to attend family dispute resolution to reach an agreement before using the courts to determine your custody issues. After completion of family dispute resolution, you will be issued a certificate that must be filed with your application to the court for a parenting order. The court will not entertain an application without a certificate except for extreme circumstances (ie, threat of violence or abuse).

There are many dispute resolution methods you may use in order to reach an amicable agreement regarding custody. You may use the government sanctioned Family Relationship Centres and Family Advice Line, or you could use other methods such as collaborative law or arbitration.

Once you have completed the required dispute resolution process, you may apply for a parenting order. This order will address whom the child should live with, how much time the child spends with each parent, and the nature and type of communication the child should have with each parent among other issues. These orders are fully enforceable and failure to comply with a parenting order could have serious repercussions.

You may also reach an agreement with regard to parenting through something known as a parenting plan. A parenting plan is an informal agreement between parents that addresses similar issues that a parenting order would address. The major difference between a parenting plan and a parenting order is that the former is not enforceable like a court order and therefore the breaching party is not subject to the same sanctions.

Should you be unable to address your parenting issues through dispute resolution services or a parenting plan, you may litigate your case in court. There are certain procedural rules with regard to parenting proceedings that exist to make this process as Smooth as possible for the child or children involved.

The main thing to keep in mind with regard to parenting is that all parties involved should be acting with the best interest of the child at heart. The court will apply this standard if asked to address parenting issues and it should also be the main consideration for parents when trying to settle their dispute.

Vanessa Mathews recently trained as a ‘Parenting Coordinator’ as an additional dispute resolution service offering.

Parenting Coordination is a post-separation child-focused dispute resolution process.

Parenting Coordination is suitable for separated parents who:

• Continue to have high levels of dispute regarding their children after the making of a Parenting Plan or Family Court Order (interim and final)
• Are transitioning from adversarial parenting to co-parenting
• Engage their children to express their dispute
• Experience difficulty with relationships
• Are at risk of:
• Not complying with the Parenting Plan or Family Court Order (interim and final)​
• Returning to the Family Court to re-litigate their dispute.

Parenting Coordination may assist separated parents who are experiencing difficulty:

• Co-parenting their children
• Making joint decisions about their children
• Communicating effectively with each other
• Implementing their Parenting Plan or Family Court Order (interim and final)
• Complying with their Parenting Plan or Family Court Order (interim and final).

A Parenting Coordinator may be jointly appointed by the parents or a Family Court Order.

A Parenting Coordinator is usually appointed for 24 months with monthly joint meetings.

The purpose and role of the Parenting Coordinator are defined within the Parenting Plan or Family Court Order.

​A Parenting Coordinator assists parents by:

• Facilizing the resolution of their disputes in a timely manner
• Reducing conflict between parents so as to protect the children from exposure to conflict
• Educating parents about their children’s needs
• Making recommendations for resolving disputes
• Case management.

Parenting Coordination is non-confidential and fully reportable to the Family Court​.

Safety concerns are addressed during Parenting Coordination.

If you would like to know more about Parenting Coordination or have a client whom you believe may benefit from Parenting Coordinator, please contact Vanessa on 1300 635 529 or [email protected]

Generally speaking, inheritances are not excluded or otherwise quarantined from the asset pool to be divided between separating parties, and will not automatically be allocated back to the party who received them.

Some of the relevant factors the Court takes into account are as follows:

Timing and length of a relationship

For example, an inheritance received very early in a long relationship might not result in a significantly higher contributions assessment to the party who received it, because the other party might have made other contributions over the years which offset the effect of the inheritance.

An inheritance received late in the relationship or after separation in a short relationship, is more likely to result in a higher contribution assessment to the party who received it.

Amount received

The amount received – and compared with the asset pool to divide – will affect the Court’s ultimate decision.

For example, a smaller amount (say $20,000 inheritance in a pool of $1.5m) is less likely to result in contributions being assessed in favor of the party who received it than a larger amount (say $1m in a pool of $1.5m).

How it was applied

If the money was used for family holidays or otherwise spent and is no longer represented in the asset pool, it will carry less weight when assessing contributions than if it was used to purchase real estate or shares and those assets still exist at the time the Court is making a determination. It may also be relevant if the funds have been kept separate and not otherwise mingled with the parties’ assets.

Financial circumstances of the parties at the time the Court makes a decision

In a pool of $1m, where one party receives a post-separation inheritance of $500,000, it might not be just and equitable for one party to receive half of the net assets ($500,000) and the other to receive the other half plus the whole inheritance ($500,000 plus $500,000). The Court will consider the whole financial situation.

Inheritances received after separation

If one party receives an inheritance after separation but before property settlement has been agreed and formalized, the inheritance will be taken into account in the property settlement as the Court must consider all of the current financial circumstances at the time the determination is being made.

This is one of the reasons why it is recommended that separating parties finalize and formalize their property settlement as soon as possible.

This does not necessarily mean that the other party will receive a portion of the inheritance. The Court might determine that the other party made no contribution to the inheritance, but it will be taken into account and adjustments might be made in favor of the other party who does not receive the inheritance.

Future inheritances

A future inheritance will usually only be taken into account if the death of the testator is imminent.

As the inheritance has not yet been received, the Court could not include it in the asset pool but can take it into account in assessing the respective future needs of the parties.

How can an inheritance be protected against claims by the other party?

Parties to a marriage or de facto relationship can protect future inheritances by entering into a Binding Financial Agreement which sets out how any inheritance would be dealt with in the event of separation.

If parties have separated and there is a possibility that one party will receive an inheritance in the future, it is recommended that they finalize their property settlement as soon as possible, and before the death of the testator.

Specialist Family Law advice regarding family law property is essential. Let your client know about our free initial telephone consultation service by calling Vanessa Mathews on 9804 7991 to book an appointment with one of our specialist solicitors.

We’re operating as usual at Mathews Family Law. If you have any questions or concerns about how COVID-19 may impact your client’s position in relation to their family law matter, call Vanessa Mathews on 9804 7991 or email [email protected].

Not surprisingly, Family Law clients are expecting business valuers to take into account the economic impact of the COVID-19 pandemic in their valuation reports. This is a difficult, if not impossible, task where a valuer can only take into account information known or knowable at the date of valuation.

Most valuations currently being prepared would be based upon 30 June 2019 or 31 December 2019 figures. The existence of COVID-19 was not known as at 30 June 2019, and its impact upon the Australian economy (and specifically upon the business under consideration, which might be impacted negatively or positively depending upon the nature of the business) was not known as at 31 December 2019.

It is difficult to know when will be the right time to value a business as we do not know how long restrictions will continue or when the full impact of the pandemic will be identifiable. Other related complexities include the adjustments to reported results for trading and profitability which will be required over the affected period, and taking into account the temporary effect of government and bank concessions. Accordingly it is likely to be some time before a valuation can accurately reflect the full impact of COVID-19.