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I have received a contravention application – what can I do?

It may be possible to negotiate a settlement with the applicant by writing a letter or attending family dispute resolution.

Where there is family violence or risk of harm to the child negotiation is not advisable.

Do I have to attend family dispute resolution before I go to court about my children?

Unless your case involves family violence, child abuse or is urgent, family dispute resolution is required before court proceedings about children can commence.

Can court orders help grandparents see their grandchildren?

Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them.

As long as it is in their best interest, children have a right to spend time with significant people in their lives.

Grandparents must show that an order to spend time with the children is in the best interests of the children. They also may need to attend family dispute resolution before they can apply to the Court.

Divorce Lawyers in Melbourne

Mathews Family Law and Mediation Services were established more than fourteen years ago as a boutique family law firm. Our offices are located in the inner Melbourne suburb of Toorak.

Our team of lawyers is experts in Family Law and Family Law Mediation. We have extensive experience and knowledge that allow us to provide an integrated approach to the complex range of issues faced by our clients. We are in a unique position whereby our family dispute resolution practitioners (FDRP) and mediators have also accredited family law experts; this ensures we bring a higher level of expertise to all our mediations.

Unlike many other family law firms, Mathews Family Law has a genuine commitment to alternative dispute resolution. This commitment is evident in the diverse range of dispute resolution options and services we offer that clients are unlikely to find anywhere else

Top Divorce Lawyers in Australia

We are passionate and dedicated to providing the best possible Family Law service in Melbourne. We have worked hard to gain expertise in all areas of family law, including complex international parenting and financial matters.

We can guide you through a wide range of issues related to legal separation in Australia. This commitment ensures we are at the forefront of family law developments in Melbourne. Vanessa Mathews was one of the first accredited family law specialists also to become accredited as an FDRP and Mediator. The Mathews Family Law team continues to provide professional development services for accountants, financial advisors and mental health professionals. We are vigorously committed to continuing to provide community service for a wide range of new initiatives. We provide all the personal service you expect of a boutique law firm with all the experience and knowledge you expect to find in a larger firm.

A firm with a strategic vision and the leadership to effect change in culture, strategy and business growth.

Mathews Family Law’s vision has always been to provide affordable access to the highest quality family law services and essential legal information. We have embraced the use of technology to support this goal. By using online platforms, Mathews Family Law can reach a much wider audience (including overseas), vastly improving the efficiency of our internal processes which results in a decrease in costs to our clients.

Via our website and Facebook page, we offer an extensive library of free explanatory videos, Facebook live recordings, downloadable e-books, radio interviews and blog articles. A valuable resource for those seeking detailed information on the public’s most frequently searched topics.

In 2011, MFL pioneered online divorce applications with www.divorce-online.com.au. and has since developed its web-based family law pathway. This process allows clients to enter their details online and obtain a personalized preliminary report, free of charge. Should the client engage the firm, this background information is used to prepare for the initial meeting with the client’s data automatically populated into various documents.

Other recent IT enhancements include interactive online forms, options to attend meetings, mediation and FDR via webcast, online payment portals and handy calculators.

All our clients benefit from clear, fully itemized invoices and trust statements with every interim invoice along with pre-payment of disbursements.

Although a boutique law firm, Mathews Family Law can offer the full breadth of family law services that all clients desire. Our clients are not left having to consult across multiple organizations to get the outcome they desire. Our services include the full range of family law dispute resolution services; such as negotiation, mediation, FDR and litigation.

MFL can also provide a secondary consultation role with institutional clients and allied professionals; this includes Relationships Australia, CatholicCare and CPAs/IPAs.

MFL is continually seeking to improve its services and enhance its performance. The firm’s principal, Vanessa Mathews, regularly consults with external experts to review the firm’s strategy, structure and operations and never shies away from creating new processes and adopting change.

Mathews Family Law Accreditations and Associations.

  • Accredited by the Law Institute of Victoria
  • Members of the Law Institute of Victoria, Family Law Section
  • Members of the Law Council of Australia, Family Law Specialization Advisory Committee
  • Members of Relationships Australian Family Lawyers Panel
  • Fellow of the International Academy of Family Lawyers

FDRPs and Mediators at Mathews Family Law are:

  • Accredited by the Attorney General of Australia
  • Accredited by the National Mediation Accreditation system
  • Members of the Australian Institute of Family Law Arbitrators and Mediators
  • Members of the Resolution Institute
  • Members of the Relationships Australia ‘Access Resolve’ Property Mediation Program

Divorce Law in Australia

Divorce law in Victoria is the same as in other states in Australia (except Western Australia). The Family Law Act (1975) applies to all Australian states and territories except Western Australia. A judge deciding on a parenting or financial matter will follow the same rules, procedures and legislation to make their decision. The unification of laws across all the states (except Western Australia) means that Family Court orders obtained in one part of Australia will be enforceable anywhere else in Australia. The child support legislation also applies in Melbourne & across Australia. Intervention orders are also recognized and enforceable across state and territory borders.

Under Australian Law, you can apply for divorce after separating for at least one year. The Family Law Act (1976) instigated the ‘no-fault’ system of divorce in Australia. The only condition required is that the marriage has irretrievably broken down. The facts about who is responsible for the breakdown of the marriage are not relevant. If dependent children under the age of eighteen are involved, a divorce will only be granted by the court if proper arrangements have been made for their welfare. If you have any queries about divorce law in Australia, get in touch with us.

Some Common Family Law Myths

That the mother is favored in parenting matters:

There is no presumption that a mother or father is a ‘better’ parent. The child’s ‘best interests are the paramount consideration.

That same-sex parents are treated differently from opposite-sex parenting matters.

There is no sexuality-based presumption or laws that are applied to same-sex parents. Again, the child’s ‘best interests is the paramount consideration.

The children will live 50/50 with each parent

There is no ‘one size fits all’ parenting presumption. The child’s ‘best interests are the paramount consideration.

The asset pool will be divided 50/50.

There is no ‘50/50’ asset division presumption. The asset pool will be divided according to the particular circumstances of each case, including the various contributions made by each of the parties and their future needs.

I have to be divorced before I can apply for a property settlement.

No, you may apply for a property settlement any time after separation and before the divorce (and up to 12 months after divorce).

Pre-marriage agreements are not worth the paper they’re written on

‘Pre-nups’ are enforceable provided they have been prepared in accordance with the strict legislative requirements.

I don’t live with my partner full time so we are not in a de facto relationship

The amount of time you live with your partner is not the only criteria the court will consider when determining if a de facto relationship existed. A de facto relationship may be found to have existed where the parties lived with each other on a part-time basis only.

Experienced Divorce Lawyers in Melbourne Who Take Their Corporate Social Responsibility Seriously

Mathews Family Law firmly believes in its corporate social responsibility. We also believe that corporate social responsibility is best demonstrated via actions rather than words. The firm’s Principal, Vanessa Mathews, has a Degree in Social Work from Melbourne University. She is passionate about providing low-cost and pro-bono access to information and justice. Ensuring every demographic in the community is well supported and has access to expert Family Law advice.

MFL maintains four content-rich websites, with informative videos, a Family Law Library of articles and videos, online calculators, chat and applications processes, all provided free of charge. Regular Facebook Live videos, e-newsletters and other social media posts also disseminate valuable information at no cost, and through channels that are easy to access by the wider public.

We also have several other measures that provide affordable access to the firm’s services – free initial telephone consultations, reduced fixed-fee initial consultations, fixed-price services and a choice of unbundled or full-service delivery options.

MFL is involved in the LIV Referral Service and provides education to other professionals. We actively work to create a strong Family Law community, with representatives participating in the following organizations: Relationships Australia Family Lawyers Panel; LIV Specialist Committee; International Academy of Family Lawyers.

Award Winning Melbourne Family Lawyers

Mathews Family Law is a multi-award-winning family law firm operating out of the Melbourne inner suburb of Toorak. Some of the recent awards won by the firm include:

  • Winner – Boutique Family Law Firm of the year in Australia, Global Law Experts
  • Winner – Family Law Mediator of the year in Australia, Global Law Experts
  • Finalist – Law Institute of Victoria ‘Boutique Law Firm of the Year Award’
  • Recommended – Family Law Firm, Doyles Guide
  • Recommended – Family Law Mediator, Doyles Guide
  • Leading – Parenting Lawyer, Doyles Guide
  • Number One – Family Law Firm on ‘Three Best Rated’

If you are looking for Melbourne’s best family lawyers look no further than Mathews Family Law, Book a Free consultation today to start the process.

Child Custody Lawyers in Melbourne

At Mathews Family Law and Mediation Services, we handle a wide range of issues related to child matters. We understand that the most traumatic aspect of divorce and separation is determining child custody arrangements. Our lawyers possess the experience and empathy you need to deal with the emotionally challenging phase. We believe that parents should make child custody arrangements while keeping the needs of the children first. No matter how complex the situation is, our child custody lawyers will help you come to an amicable agreement. We can negotiate on your behalf and our child custody lawyers in Melbourne can help you arrive at an agreement as quickly as possible.

Child Custody Law in Australia

At Mathews Family Law and Mediation Services, we handle a wide range of issues related to child matters. We understand that the most traumatic aspect of divorce and separation is determining child custody arrangements. Our lawyers possess the experience and empathy you need to deal with the emotionally challenging phase. We believe that parents should make child custody arrangements while keeping the needs of the children first. No matter how complex the situation is, our child custody lawyers will help you come to an amicable agreement. We can negotiate on your behalf and our child custody lawyers in Melbourne can help you arrive at an agreement as quickly as possible.

Child Custody Lawyers

When couples separate, there is a lot to consider when making child custody arrangements. The issue related to who will take custody of the child is a complex one to resolve. Through our mediation service, we will help you reach an agreement to minimise uncertainty for your children and ensure that your concerns are considered. We specialise in child custody law in Australia and our service is planned to protect your rights as a parent. Our lawyers will assist you at every step and provide all the information you need to offer the best possible outcome.

We have considerable experience in helping our clients through the most complex situations and are committed to guiding you through all legal issues related to children. We will work with you to prevent disputes and make the entire process as smooth as possible to minimise any distress for your children. With our professional mediation service, we will take you through the options to reach a resolution.

If you need help in any aspect of family law, connect with our experts. We are here to help you.

Our Services

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

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

Separation

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

Children and Parenting

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

Child Support, Child Maintenance and Adult Child Maintenance

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

Property and Financial Settlements

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

Superannuation

  • Superannuation flagging and splitting orders
  • Superannuation Agreements

Maintenance

Payments made to a former partner following separation

Financial Agreements

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

Asset Protection including injunctions and restraining orders

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

International Family Law Disputes

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

Intervention Orders

  • Legal strategies to protect against family violence

De Facto and Same Sex Relationships

Our ‘Unbundled’ Family Law Services

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

Parenting Arrangements after Divorce

Parenting Arrangements

Divorce is painful for everyone concerned, especially children. During this challenging period, children need love, support and contact with both parents.

Creating certainty about the future is crucial for children when their parents separate. Parents coming to a mutual agreement about parenting arrangements can help to provide clarity and certainty.

When parents agree

Following separation, parents may agree on a parenting arrangement that works for them and the children. The agreement should focus on providing for the needs of the children and may include financial arrangements.

A parenting arrangement can be agreed orally, in writing or put into a formal court order known as ‘consent orders’ (which requires an application to the court but does not require a court appearance).

When parents don’t agree

If parents can’t agree on parenting arrangements, they can apply to the court for a parenting order. Usually (except in the case of family violence and other specific circumstances), parents are not permitted to apply for a parenting court order until they have first attempted family dispute resolution (mediation).

The court’s primary concern will be to protect the children from psychological or physical harm. The court will address this before deciding about parenting arrangements.

The Australian Government has published a book to help develop parenting plans. This resource can help prepare clear, practical parenting arrangements that are focused on what’s best for the children.

What to consider when creating a parenting agreement?

When making parenting arrangements, parents may consider a range of issues including:

  • The capacity of each parent to provide day-to-day care?
  • The age of the children?
  • The arrangements for the children before and after school and during  school holidays?
  • Will the children spend their time with other significant people in their lives, like grandparents or other relatives?
  • The children’s educational needs?
  • Any cultural considerations?
  • The special needs of the children, including educational and medical?
  • The children’s wishes, having regard to their age and stage of development?
  • Other practical considerations such as transport and accommodation expenses?

While a routine may be best for your children overall, flexibility is likely to be an essential ingredient of a parenting agreement.

Relocating with children

If you are thinking of relocating with your children at a distance that would dramatically affect the time they spend with the other parent, you will need to come to an agreement with the other parent. If agreement is not reached, an application to the family law courts seeking permission to relocate the children will be required.

The proposed relocation destination may involve moving intrastate, interstate or overseas. Consider how the relocation will affect the children’s relationship with the other parent and ask yourself the question ‘Would the move be in the children’s best interests?’ – the court will ask the same question.

What’s next?

Consider what is best for your children’s short-term and long-term wellbeing.

Work out what concerns need to be addressed in your parenting arrangement.

Decide whether you want the parenting agreement to be an informal oral or written agreement, a parenting plan signed and dated by both parents or a court order obtained by consent or by order of the court (judge made order).

Contact an accredited family law specialist or family dispute resolution practitioner to obtain the advice that you need to resolve your post-separation parenting issues. Our specialist solicitors and family dispute attorneys are able to help you with your parental rights.

I’m thinking of separating, what do I need to know?

Separation is never easy, especially when children are involved. There are always lots of issues that need to be addressed. You may need to organize new financial arrangements, possibly arrange new accommodation and transport. Then there is the difficult job of informing friends and family, which can affect your long-standing friendships. When children are involved a great deal of care needs to be taken to ensure their lives and wellbeing get impacted as little as possible.

Even if you are not married, separation can still be complicated and involve legal paperwork. When children, child support, maintenance and property are affected by separation, legal advice and formal documents of agreements reach is likely to be of assistance.

Disputes and Resolutions

Following separation, there may be disagreement about the management of parenting and financial issues. Family Dispute Resolution mediation, supported by your own specialist family law legal advice, soon after separation may be of assistance and help to avoid disagreements becoming entrenched.

Family Violence

Family violence is a major reason for relationship breakdown. If you are experiencing family violence, please contact your local police who can provide immediate assistance and / or family violence support service who can support you to understand your situation and help you to formulate options for moving forward. Legal advice about parenting, child support, maintenance and property settlement issues from a specialist family law solicitor may be of assistance at this time.

Talk with a Mathews Family Law & Mediation Specialist

Just as no two experiences of relationship breakdown will be the same, there is no ‘one size fits all’ approach to the resolution of issues arising from the breakdown of a relationship – what works for one person may not necessarily be the right solution for you.

Mathews Family Law is one of the most experienced family law firms in Melbourne with the knowledge to guide you through the most challenging of experiences.

If you are contemplating separation or divorce, book in an obligation free 15-minute consultation with one of our accredited specialist family lawyers to understand your rights and options.

Contact us today for a free consultation with a family dispute attorney, to discuss family law property, parental rights, child support, and anything else you may need help with.

What if we reach an agreement?

The court imposes mandatory dispute resolution prior to applying to the court for child related matters in hopes that couples are able to resolve their issues and reach an agreement on their own terms.

Some couples will fall short of this goal and will have to resort to litigation to reach an agreement. However, some couples will succeed and, viola! The dispute resolution will have been effective and agreement, which once seemed impossible, has occurred.

So what happens once you reach an agreement?

The details of the agreement can be recorded in a parenting plan, which can be renegotiated over time. The agreement must be written, dated, and both parties must sign it in order for it to be valid. If you intend to make this plan permanent and final, you can subsequently apply to the court to have the agreement made into a consent order, in which case it becomes legally binding.

Bear in mind that changes made in your parenting plan may in turn have an affect on child support, income support, and family assistance payments. Also, if your parenting plan dictates an amount for child support, the Child Support Agency has the authority to enforce the agreement.

I have questions about divorce but I’m not ready to talk to a lawyer, what should I do?

For many people, meeting with a family lawyer is terrifying. Some may feel that it signifies that the marriage is truly over, others are just scared of the process, and others may still be holding out hope for reconciliation. There are many reasons why being proactive about seeking advice might be hard. The good news is, there is a great resource available to Australians who are looking for information or advice about family issues: The Family Relationship Advice Line.

While you should not depend on the Advice Line to give you legal advice, it can be a great resource for general inquiries. Advice Line staff are equipped to provide information about:

  • services to help maintain relationships
  • the family law system and family separation
  • how to develop workable post-separation parenting agreements
  • the impact of conflict on children
  • Family Relationship Centres and other dispute resolution services, including telephone services
  • other services which will help with family relationship and separation issues

Another advantage to using the Advice Line for general or initial inquiries is that your call will remain anonymous. You can feel free to pick up the phone and ask your question without having to provide any personal information.

The phone number is 1800 050 321 and is open for calls from 8 am and 8 pm Monday through Friday and from 10 am until 4 pm on Saturday.

While this is not an appropriate resource to have your legal questions, such as “will I have to pay spousal support?” answered, it is a great resource to ask general questions about the divorce process and other family issues.

What is arbitration?

Arbitration is a form of dispute resolution where parties (or their lawyers) will present arguments to a chosen arbitrator who will make a determination to resolve the dispute. This type of dispute resolution is available to parties who are disputing financial matters, such as spousal support, property settlement, and financial agreements. Arbitration is not, however, an appropriate venue to settle disputes related to children.

Arbitration is almost like a hybrid of court proceedings and mediation. It is similar to mediation in that it is an out of court settlement method, however it differs from mediation in that in mediation the parties work to reach their own agreement. There are some advantages to choosing arbitration as a means to settle a financial dispute. For instance, this process allows the parties to retain much more control and it is more flexible than going to court. You get to choose the arbitrator, who is the ultimate decision maker, and it is also quicker and less expensive than the court process.

Arbitration can be especially appealing to those who have disputes about both children and financial matters. For these parties, they can address parenting issues through mandatory family dispute resolution and subsequently arbitrate their financial dispute without delay.

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Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator

Vanessa Mathews is the founder and managing director of Mathews Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.

She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.

Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic

Vanessa is an active member of the family law profession and
a member of the:

  •  Law Institute of Victoria, Family Law Section
  •  Law Council of Australia, Family Law Section
  •  Resolution Institute
  •  Australian Institute of Family Law Arbitrators and Mediators
  • National Mediation Accreditation System
  •  Relationships Australia Family Lawyers Panel
  • Fellow of the International Academy of Family Lawyers
  •  Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
  • Relationships Australia ‘Property Mediation’ Service

Vanessa and Mathews Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.

Get Started With Vanessa

Book A Free Consult

Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator

Vanessa Mathews is the founder and managing director of Mathews Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.

She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.

Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic

Vanessa is an active member of the family law profession and
a member of the:

  •  Law Institute of Victoria, Family Law Section
  •  Law Council of Australia, Family Law Section
  •  Resolution Institute
  •  Australian Institute of Family Law Arbitrators and Mediators
  • National Mediation Accreditation System
  •  Relationships Australia Family Lawyers Panel
  • Fellow of the International Academy of Family Lawyers
  •  Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
  • Relationships Australia ‘Property Mediation’ Service

Vanessa and Mathews Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.

Get Started With Vanessa

Book A Free Consult