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.

Separation and divorce hurt. There’s no getting around that fact.

Without special care and attention, children can be the unintended victims of separation and divorce. For them, their parent’s separation can open a floodgate of emotions, which, for children of any age can be difficult to process and express.

Many of the parents we speak with of course to want to minimise the impact of their divorce on their children, but do not always know what signs to look for. So how can you identify the signs that your child may be being adversely affected by your separation and divorce?

Although every child is unique, there are some clear signs to look out for:

Your child is feeling sad and cries more than usual

Your child could be sad and cry a lot. It might be more difficult than usual to comfort them. They might cry for no reason or react disproportionately to that which to you seem to be minor issues.

The things they cry over may have nothing to do with the separation and divorce however due to difficulty in understanding and accepting the changes to their family, their ability to deal with other issues may be diminished and they can become easily upset.

Your child gets separation anxiety

You or your former partner might find that your children don’t want to leave your side, or that they want to stay with the other parent and resist going with the other parent.

Separation anxiety for children is common when parents separate. Their anxiety is a result of the significant changes they are experiencing and staying close to one or both parents are their way of managing it.

Your child is overly emotional and gets angry

When parents separate, it may cause the children to feel uncertain, insecure, worried or anxious. The complex emotions they feel and their inability to express their feelings may be ‘acted out’, such as angry verbal or physical outbursts or uncooperative behavior. Helping your children to express those complex emotions can help to release the anger and improve their well-being and anxiety.

Your child is withdrawn and has lost interest in activities

The stress of parents separating can result in children withdrawing into themselves and refusing to engage in activities they have enjoyed in the past. Some children stop hanging out with their friends, preferring to spend all their time in their room, keeping a distance from their family and doing things by themselves.

Decline in school performance

When children are tackling a stressful situation at home, it can directly impact on their performance at school. The stress at home takes so much of their attention and energy and they may have difficulty focusing in class.

At home, they may be anxious and distracted, unable to focus on homework, negatively affecting their academic performance.

The dip in academic performance can result in further anxiety for the child; they feel terrible about falling behind, compounding the situation with another stressful situation. If your child is struggling at school after separation, it is a good idea to inform the school about the situation at home.

Conclusion

Separated parents feel responsible for their child’s suffering. Parents must remain united in their commitment to ensuring that any adverse impact on their children is kept to a minimum, and, if any are identified they are immediately met with an appropriate united response. The conflict between parents will certainly exacerbate the impact on the children, potentially dramatically.

If you detect a dramatic change in your children’s behavior and emotions, and your efforts to support them aren’t helping, please seek urgent help. Early intervention can help both you and your children to get the support required to see you through this difficult time.

Recommended Post: Family Violence and Children at Risk

Second marriages, partnerships, step-families present challenges, new opportunities after legal separation, divorce

Relationships Australia has prepared this informative summary about the challenges and complications of re-partnering after Legal separation, or divorce.

In second partnerships, couples are often more aware of the difficulties in establishing a successful relationship and are more committed to making the marriage work.

Both second marriages and step-families have to overcome some difficult hurdles. These hurdles can present significant challenges to the couple in their relationship as partners and as parents.

Unfortunately, many second marriages and step-families, despite their commitment to making things work, fail to get over these hurdles.

This page outlines some of the challenges and complications of re-partnering and step-families.

The decision to re-marry or re-partner

Before you re-marry or re-partner, you should consider the following questions:

• When?
• Why?
• To Whom?

Listen to any doubts. If necessary, wait a little longer

When?

The simple answer is after you have fully come to terms with the end of your previous relationship. This is particularly important if you did not want the first marriage to end, and had to deal with the pain of leaving or being left by your previous partner.  It takes longer than many people expect to get over the end of a long-term relationship, even if you were unhappy and felt that the end was inevitable.

Some studies suggest many people take at least two years to adjust to the end of a long-term relationship. There are many exceptions to this. Some people take longer, others adjust more rapidly. Ask yourself:

• Do I find myself thinking about my ex-partner and do these thoughts still arouse strong feelings such as anger and resentment?
• Have I adjusted to living alone again?
• Have I regained a sense of self-confidence?
• Can I look back on that relationship and recognise some of the things that contributed to its breakdown?

In other words, am I emotionally free to re-partner? Can I put all my emotional energy into this new relationship without allowing my feelings about my previous relationship to get in the way?

Just as you cannot re-marry until you are legally free to do so, being emotionally free to re-marry is also important.

Why?

Unfortunately, this question is often overlooked. Are you thinking of re-marrying or re-partnering because you want to be with someone whom you love or do you want to re-marry or re-partner for the sake of being in a relationship or to provide a two-parent home for your children? Being alone is not easy after being married or in a long-term relationship, especially if you have children living with you. However, moving too rapidly into a new relationship can create a new set of problems.

To whom?

Past experiences influence our choice of partners. This is especially true of a second marriage. Be realistic about what worked and what didn’t work in your first marriage when making a decision about a new partner. Learn from that experience to clarify what sort of partner you want.

Being in love is not enough to make a relationship work especially once the initial excitement has worn off.

The following organizations offer separation, and divorce counselling:

Family Relationships Centre:  http://www.familyrelationships.gov.au/searchpages/searchpage.aspx?KEYWORD=frc%20not%20pop&RESOURCETYPES=Service

Relationships Australia: http://www.relationships.org.au/what-we-do/services/counselling

CatholicCare: http://www.ccam.org.au/

Family Mediation Centre: https://www.fmc.org.au/marriage-counselling.php?gclid=Cj0KEQiAqK-zBRC2zaXc8MOiwfIBEiQAXPHrXsvDPeRotm4nM6DHg4zIk5QIa_fiidlbpIzCf9gbUlYaAoXl8P8HAQ

There are a number of practical steps to take regarding your credit cards after you separate.

1. Write down the date you actually separated. Even better, send an email to your spouse or partner stating clearly that “on May 1, 2014, we officially separated”. This date may become important later on when and if debts need to be divided. If your spouse incurred the debt after the date of separation, the court may hold him responsible for it when dividing up property.
2. If possible, get rid of joint credit cards. If you are the primary cardholder – great!  You can lower the credit limit, which prevents your spouse from going crazy with the card and running up more debt.  The best option is to cancel the card altogether if the company allows it.  If your name is on the account, no matter who runs up the debt, you are also responsible.
3. Make sure to print out all of your balances from your credit card account, including all purchases and payments. Even if you are held accountable, when the time comes to draw up a property settlement, you may be able to have these listed as your spouse’s debt and deducted from his share of the assets.
4. Discuss with your lawyer signing a legal separation agreement. Written correctly, this may limit your liability for your spouses’ debts, including credit card debts. One of our divorce law lawyers can provide you with specialist advice. Speak with a family law attorney at Mathews Family Law today.

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.

Sharing Family Law Expertise with Professional Advisers

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

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

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

Key Family Law Issues Affecting Clients

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

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

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

Supporting Professional Networks

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

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

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

Professional Family Law Advice in Melbourne

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

Mathews Family Law & Mediation Specialists provides expert advice in:

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

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

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

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

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

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

Contributions may be:

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

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

Examples of ‘special contributions’ include contributions made by:

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

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

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

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

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

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

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

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

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

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

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

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

Divorce is the legal word for the termination of a marriage. In Australia, there is no need for there to be “fault” in order for the divorce to be permitted. So even if only one partner wants out of the marriage, the court will grant a divorce order. But there is still a legal process involved that generally takes up to a year to complete.

Issues related to Divorce Process in Australia are covered in Part VI of  The Family Law Act, 1975 (link to the law). The law says that a divorce order is based on “the ground that the marriage has broken down irretrievably”.

Step One: Separation

Before one or both partners may file for divorce in Australia, they must be separated for a period of one year and a day. This is in order to show that the ground for divorce – the breakdown of the marriage – really exists. While no fault must be shown, the law considers divorce a serious matter. By requiring this long period of separation, a couple is required to think very carefully about their decision to terminate their marriage. A court may ask for proof of the separation during the hearing (to be discussed further).

It is important that one partner officially notify the other that he or she wishes to separate. This can be done verbally but a written notification is even better and can be used in court in the event that questions arise about the date of separation or whether it happened at all.

Step Two: Completing an Application for Divorce

One or both partners must fill out a standard Application for Divorce. This form may be found on the Family Law Courts website.  It requires a good deal of information, including personal details about each partner, financial information, questions about a property, and details about your children (if you have any) and custody arrangement if they are under 18 years of age.

While this application can be completed without a lawyer (other than the affidavit in Part G), it’s useful to consult with a lawyer to be sure that you’ve completed the application properly and accurately.

Step Three: Submitting the Divorce Application for Divorce

You must file the Application for Divorce in three copies – an original and two copies, along with a copy of your marriage certificate and any other accompanying documents (see below). This packet can be filed at the nearest family law registry or online at www.comcourts.gov.au.

There is a fee for submitting an Application for Divorce. As of January 1, 2013, the fee is $800 but it is also possible to obtain a reduced fee.

Once everything is filed and paid for, you’ll receive a file number and a time and date for your hearing.

Step Four: Serving Your Spouse

If you filed your Application for Divorce together with your spouse, then nobody needs to have the application delivered to them.

If you are submitting the Application for Divorce alone, you need to serve your spouse with a copy of the application, the “Marriage, Families and Separation” brochure and any other documents you filed with the court (except the marriage certificate).

The Divorce Service Kit details how these documents are to be served on the other spouse. Consult with a lawyer before taking any legal action to be sure that you understand all of the implications of your actions and that delivery is done correctly.

Step Five:  The Hearing

You are not always required to attend the hearing.

If there are no children under the age of 18, neither you nor your spouse needs to attend the hearing.

If this is a sole application (not joint with your spouse) AND there is a child under 18, you must attend the hearing.

If this is a joint application, regardless of the age of the children, neither of you needs to attend the hearing.

Step Six: The Hearing

The hearing allows the judge to ask any questions regarding the Application for Divorce Process in Australia. If the judge decides on more information, he or she may schedule an additional hearing. If the judge is satisfied with the application, a divorce order is granted at the conclusion of the hearing. The order becomes final only one month later.

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Reconciliation and resumption of cohabitation can have a monumental effect on your divorce proceedings. A reconciliation will affect your date of separation, which in turn can affect property division and other aspects of your case. The impact of reconciliation combined with the attitude that the courts generally prefer parties to reconcile has resulted in some special rules with regard to reconciliation and resumption of cohabitation.

First, with regard to reconciliation, if the court determines that based on the evidence or attitude of the parties, a reasonable possibility of reconciliation exists, the court has the power to suspend the proceedings. This adjournment is designed to allow the parties the time and opportunity to consider reconciliation. However, if either party wishes to resume court proceedings, the court is compelled to grant this request.

Moving back in together, more specifically, resumption of cohabitation can also have a huge impact on your divorce proceedings. If your resume cohabiting, and then later agree to separate again, the period of time you had previously been separated may not apply when trying to meet the twelve-month separation requirement for divorce.

Now you may be wondering – what exactly equates to a resumption of cohabitation? The answer is that both parties must intend to resume cohabiting, act on that intention, and also be living on substantially the same terms as they were prior to the separation. An agreement to move back in together that never comes to fruition does not meet this standard. Also, simply moving in under the same roof but not resuming other aspects of the marital relationship will not equate to a resumption of cohabitation.

If you are considering moving back in with your ex, you should be aware of the special rules regarding the resumption of cohabitation. As we mentioned earlier, the court has a preference for parties to make amends, and they would prefer parties at least attempt reconciliation if there is a chance it might work rather than be too afraid to try because of the impact that reconciliation can have on the divorce proceedings. For this very reason, the court allows parties to move back in together for one period of time up to three months without there being any prejudice to their application for the divorce process in Australia.

Practically speaking, if you resume cohabiting and then separate again within three months, you may use the period of time you were previously separated in calculating the twelve-month requirement. On the other hand, if your resumption of cohabitation lasts for three months or longer, you will have to separate for a further twelve months before you can file for divorce.

Choosing a divorce lawyer in Australia should be like making any other big Should be divorce process like when you buy a house or choose a school for your children. Educate yourself, ask around, ask questions, and research on the internet.

Learn about the divorce laws first. This is important for two reasons. One, it will give you an idea of what’s involved, which in turn gives you a better sense of control. The second reason is that it means you’re better informed, so when you start looking for a lawyer, you’ll better understand what he or she is talking about.

Do your research. 

Ask friends and family, call your local law society, ask others who have been through a divorce, and search the internet. Build up a list of names, including lawyers people recommended not to use.

Figure out what kind of lawyer you need. 

Ask yourself what kind of person you want to work with. Are you looking for an aggressive fighter who will get you everything you want and win the battle or do you want someone who can get results with a more gentle approach? Do you need someone who will explain everything to you each step of the way or do you prefer to let go and leave the whole burden to the lawyer?

Narrow down your list.

Do some background checking on the names you received. Look them up on the internet. If he or she wrote any articles or papers, read them. This will give you a sense of who this person is and their knowledge of the field. Ask other people who used the lawyer. A few bad recommendations should tell you not to hire this person.

Choose a family lawyer.

Family law is a very specialized area. Your brother’s best friend might be an amazing criminal lawyer, but that’s not too helpful when you have a parenting dispute with your former spouse.

Start with a phone call

You can learn a lot just from that first call. How long does it take for the lawyer to call you back? How does the lawyer treat you on the phone? Use this opportunity to ask about fees. You might discover immediately that their price is too high for you. If you decide you do want to meet them, find out if they charge for an initial meeting. Most lawyers do charge for a first consultation.

Interview before you hire.

Set up appointments with the lawyers who sound right. Look at this as a job interview – where you are the employer. How are you treated during the interview? Is the lawyer answering calls or checking emails? Is he slandering other lawyers, or worse, other clients? Do you feel you can confide in this person? Sometimes a first read is not correct, but sometimes it’s good to go with your gut feeling. You know what works for you.

Consulting with other experts. 

Family law requires knowledge in other fields, such as business, wills, estates, etc. Does the lawyer have other professionals to consult with? You want your lawyer to give you a full picture of the situation and the possible outcomes. Broader knowledge may be required.

When you choose, get it in writing. 

An agreement should include what the lawyer’s work will include and his or her fees. Does he work hourly or by the case? What about additional fees or changes in circumstances? Emergencies?