Mental health professionals often work with clients also navigating the complex family law process. My seminars ‘Client Care Through the Family Law Process’ provide mental health professionals (members of the Mental Health Professionals Network, MHPN) with practical information about the issues which they and their client are likely to encounter, including separation, divorce, child custody, property settlement, financial agreements, etc. Professionals issues surrounding the preparation of Family Court reports, confidentiality and subpoena and are discussed. The seminars are eagerly received, with stimulating questions and discussion throughout. As a family law specialist and qualified social worker, I feel particularly pleased to be able to support mental health professionals throughout Melbourne with their work with this particularly vulnerable group of family law clients.
It was with pleasure that Mathews Family Law & Mediation Specialists learned that the much longed for child of a surrogacy arrangement in which Mathews Family Law & Mediation Specialists represented the surrogate couple had safely arrived.
Mathews Family Law congratulates the commissioning parents and the surrogate couple on a more than successful outcome!
Mathews Family Law provides legal advice to parties entering into a surrogacy arrangement under the Assisted Reproductive Treatment Act (Vic) 2008 (ARTA).
Mathews Family Law provides a unique online divorce application service.
Simply submit the easy-to-complete application form and one of our team of specialist solicitors and divorce law lawyers will personally manage your divorce for you.
Vanessa Mathews of Mathews Family Law & Mediation Specialists continues to deliver seminars to mental health professionals in the Melbourne CBD and metropolitan area.
The seminar, ‘Client Care Through the Family Law Process’ provides psychologists, psychiatrists, GPs, school counsellors, occupational therapists, and the like with the opportunity to better understand the family law process, so that they may be better able to assist their clients as they move through this.
Topics of particular interest include:
Counselling and confidentiality
Counselling children and parental consent
What do I do if I am served with a subpoena to produce my file to the Family Court
Providing an expert report to the Family Court.
Please contact Vanessa on [email protected] if you would like her to speak to your group.
Mathews Family Law & Mediation Specialists congratulates Linda Dessau, former Family Court judge, on her appointment as the next Governor of Victoria, effective June 2015.
Vanessa Mathews and Mathews Family Law & Mediation Specialists have been recognised as a ‘LEADING VICTORIAN FAMILY LAWYER’ and a ‘LEADING VICTORIAN FAMILY LAW FIRM’ by Doyle’s Guide to the Australian Legal Profession.
Click here to watch a welcome video by Vanessa Mathews and learn how she assist you with your divorce and family law issues: https://mathewsfamilylaw.com.au/
Vanessa Mathews and the team of family law professionals invite you to browse the Mathews Family Law & Mediation Specialists website, to search for the answers to your questions: http://www.mflaw.com.au
Otherwise, feel free to telephone us with your questions – 1300 635 529.
We’ll happily take your call, and arrange a discussion with one of our specialist solicitors, family dispute attorneys, divorce and family law attorneys today.
The rate of Divorce in Australia is high, with approximately 2.2 divorces per 1,000 estimated resident population.
The decision to separate and/or divorce is very difficult.
I find it difficult to believe that the decision to separate and divorce can be triggered by the separation or divorce of a friend (unless there is a ‘tryst’ between the parties to the marriage).
I have yet to meet someone whose decision to separate was brought about by someone else’s decision.
I think that the decision to separate is much more profound than any ‘contagion’ and that the parties deserve greater respect than this oversimplification of this most difficult of decisions.
Mathews Family Law provides expert divorce law / family law advice in Melbourne and the metropolitan area and, through the use of technology, to clients all over the world. Arrange a consultation today with a specialist solicitor, divorce lawyer, or family law property to assist with your family law matter.
I recently had my first encounter with ‘Bitcoins’, a new and modern form of currency that, like savings, are included in the matrimonial asset pool.
‘Bitcoin’ is a form of digital currency.
‘Bitcoin’ can be used for the payment of goods and services.
In this particular case, the value of the ‘bitcoins’ had significantly increased and was considered by the parties to have been an excellent investment. Much of the ‘bitcoin’ market is speculative, and the value of ‘bitcoins’ is therefore very much subject to fluctuation.
The ‘bitcoin’ investment was valued according to the current market value and included in the assets of the marriage to be divided between the parties.
Whether it ‘is bitcoin’, an e-commerce business or an ‘app’ in the development phase, the team at Mathews Family Law & Mediation Specialists, Australia Divorce, is able to provide you with expert legal advice about your family law property settlement entitlements. Contact our team of divorce law lawyers to discuss your financial separation.
The team at MFL has been busy presenting seminars to CPA and IPA accountant discussion groups. We’ve appreciated the opportunity to speak with other professionals providing expert advice to clients moving through the divorce process in Australia. The discussions have been lively with lots of questions and hypotheticals canvassed. Thanks for having us!
To follow is a summary of the ‘pathway’ to be taken by the single expert witness in family law parenting proceedings.
It provides a useful reminder of the Family Court’s expectations of the single expert witness.
‘ … The task of a single expert witness is never easy. The opportunities for observation and consultation are rarely if ever entirely satisfactory, because of constraints of time and money. Usually, each party is seeking some corroboration from a single expert witness of his or her position.
Although the expert may give evidence about the “ultimate issue”[67], more frequently the determination of that matter will fall to the Trial Judge. Each party and the Judge may confront the single expert witness with hypothetical sets of facts to see if the expert will or could modify or qualify his or her opinion. Frequently, with a necessarily limited database, a single expert witness faces challenges to his or her opinion. It is important therefore that single expert witnesses follow the pathway prescribed by authority[68] to prepare and present or their report.
The pathway accords with common sense. First, the expert must have primary and particular qualifications and experience. For example, expert evidence on the health of children should come not only from a medical doctor but desirably from one who specialized in child medicine and moreover someone experienced in such an area of practice and knowledge.
Second, the expert should clearly indicate the information and facts upon which he or she has relied and identify the assumptions upon which he or she proceeded.
To the extent that the expert relies on research to form his or her opinion, it may be wise to identify that research, particularly if it is likely to be controversial and invite cross-examination. An expert becomes an expert through knowledge of and reliance upon, research other than his or her own and the expert’s opinion must necessarily be a synthesis of knowledge in the field of expertise. However, comments such as “research shows” may indicate a lack of specialist acuity.
Third, the pathway of reasoning to the opinion must be discernible. This would seem to be a statement of the obvious but surprisingly from time to time it is overlooked by a single expert witness …’.
As reported in Hoffman & Barone [2014] FamCA 52 (4 February 2014), Deputy Chief Justice Faulks, paragraphs 93-100 (inclusive).
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.
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.
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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.
