Mathews Family Law and Mediation Specialists

11/03/2021

11/03/2021

Litigation or going to court

While most family disputes today are settled out of court – through negotiations, mediation, or arbitration – sometimes the only solution in a particular case is going to court.

This process includes filing documents in court, submitting evidence and giving evidence. The process may take a few months or longer. The courts can decide on allof the issues, including financial settlements, child custody and maintenance and division of property.

If you choose to litigate, we strongly recommend you to hire a lawyer specialised in family law. Our director Vanessa Mathews is an accredited family law specialist with more than 20 years of experience, so book your 15 minutes free consultation today.

10/03/2021

Exceptions to compulsory family dispute resolution.

In 2006 it became mandatory for all couples to attend family dispute resolution prior to filing an application with the court to determine custody.

While the legislators voiced a clear preference for settling child-related matters through family dispute resolution, they also recognized six classes of cases in which family dispute resolution should not be required.

1.Application for Consent Order Pending
2.Violence and Abuse
3.Contravention of Previous Order
4.Application is Urgent
5.Incapacity
6.Other Circumstances

If you think that your situation qualifies for one of these enumerated exceptions, contact one of our family lawyers on 1300 635 529.

09/03/2021

Five points for clients navigating Covid19 - a family law perspective

The current health climate has brought along with it a range of questions and uncertainties, and introduced additional pressures and stresses associated with the pandemic.

In order to assist clients in times like this, whilst simultaneously managing their family law matters, we prepared this five points article on how we can help to alleviate some of the associated uncertainties.

Real the full story on the link below.

The current health climate has brought along with it a range of questions and uncertainties, and introduced additional pressures and stresses associated with the pandemic. To assist clients (and service providers alike) in navigating these times whilst simultaneously managing their family law matter...

04/03/2021

Property settlements - other important considerations that you need to have in mind.

In Australia, you are not required to be divorced to formalise your property arrangements. Divorce is a largely administrative process and is distinct from property settlement matters.

It is really important to consider that when you are divorced, you have twelve months from the date that the divorce is granted to bring an application for a property settlement to the court. After this time, ‘leave’ (i.e. permission) from the courts to apply for property orders may not be granted, or may nevertheless be costly and time consuming to pursue.

When it comes to de facto relationships - these couples have two years from the date of separation to apply to the court for property orders.

If you need assistance or legal advice when it comes to property settlements, contact one of our lawyers today on 1300 635 529.

02/03/2021

When does a de facto relationship begin and end?

The law in Australia, when it comes to de facto relationship, clearly outlines the criteria for it.

Section 4AA(1) of the Family Law Act, clearly states that two people are in de facto relationship if they have a relationship as a couple living together on a genuine domestic basis, and Section 4AA(2) help the court determine if indeed a de facto relationship exists by allowing the judge to consider a number of factors like duration of the relationship, whether a sexual relationship exists and the degree of mutual commitment to a shared life.

However, there is no singular meaning of a de facto relationship. Each case is examined individually and the specific circumstances of the relationship taken into consideration.

01/03/2021

How to choose a divorce lawyer?

Choosing a divorce lawyer should be like making any other big decision. Should be the same process as when you buy a house or choose a school for your children. It is really important to educate yourself, ask around, do research, narrow down your list,interview before you hire.

We really recommend that you learn about the divorce laws. First of all this will give you a sense of what's involved, and you will gain a better sense of control. Second of all, you will be better informed, so when speaking to a lawyer afterwards you will know what they are talking about.

For a free 15 minutes no obligation consultation with one of our top, award-winning family lawyers contact us on 1300 635 529.

28/02/2021

Parenting arrangements after divorce

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

However, creating certainty about the future is crucial for children when their parents separate.

Read the whole article about what are the key points on what parents agree and don't agree when it comes to parenting arrangements.

A parenting arrangement can be agreed orally, in writing or put into a formal court order known as consent orders that requires an application to the court.

25/02/2021

As we have previously mentioned, property divisions are based on the contributions made by each party to the relationship.

In a short relationship, each party will tend to leave the relationship with what they brought to it.

In a long relationship, the ongoing contributions made throughout the relationship are seen to decrease the significance of any financial contributions made at the beginning of the relationship by an individual party. The continuing financial and non-financial contributions made by both parties to the relationship tend to erode the ability for any particular asset to continue being owned exclusively by one party or the other.

If you have a question about property divisions, give us a call on 1300 635 529

25/02/2021

23/02/2021

Parenting Coordination Services provided by Mathews Family Law & Mediation Specialists.

Our owner and managing director, Vanessa Mathews, is also trained as a 'Parenting Coordinator', which is an additional dispute resolution service offering.

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

Read more about what Parenting Coordination means, and how can you benefit from it on the link below.

If you would like to know more about Parenting Coordination or have a client whom you believe may benefit from Parenting Coordinator, please contact Vanessa on 9804 7991 or [email protected]