Mathews Family Law and Mediation Specialists in Toorak, Victoria, Australia | Personal blog

Mathews Family Law and Mediation Specialists

Locality: Toorak, Victoria, Australia

Phone: +61 1300 635 529

Address: Level 2, 599 Malvern Road 3142 Toorak, VIC, Australia

Website: https://mathewsfamilylaw.com.au

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21.01.2022 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.

20.01.2022 How final is final when it comes to property settlement with Consent Orders? Majority of the property settlements, made as a result of a marriage or de facto breakdown, are followed by Consent Order. Just like an order decreed by a Family Court Judge or Magistrate, Consent Orders are really hard to change and have the same legal powers as the other orders mentioned above. Still the Court has the power to set aside and order, however there are some high standards that have to ...be met. This is exactly why you should always seek professional help with property settlement before taking any court actions.

20.01.2022 Family Law Mediation offers a better way to resolve divorce and family conflicts. There are several important points on why mediation is the better way for family disputes. Time and cost are greatly reduced compared to litigating the same matter, interim hearings and final trial are avoided and the most important benefit is that the parties included are decision makers and control the outcome of the agreement. With more than 20 years of experience, our founder and managing director Vanessa Mathews has the rare combination of social work qualifications, which makes her approach to resolving legal family issues sensible and sensitive.

18.01.2022 What if your spouse refuses to sign the divorce papers? As you don't need two people to agree to end a relationship, also you don't need your spouse consent to apply for divorce. By definition, a marriage has irretrievably broken down if you have lived separately and apart for at least 12 months or the marriage is broken down to an extent that there is no chance for the couple to get back together.... If you need assistance with your divorce, don't hesitate to contact one of our experienced lawyers at Mathews Family Law.

17.01.2022 Who gets what? Fair and square share of property and finances after separation. There is no 50/50 rule nor a mathematical formula when it comes to dividing property between parties. The general principles are set out by the Family Law Act 1975, and regardless whether in marriage or de-facto relationship, and are based on what you got and what you owe, direct financial contributions by each party, indirect financial contributions, non-financial contributions such as caring fo...r kids and looking after the home or future requirements. This may sound complicated, however using a family or divorce lawyer will help to simplify the process. Give us a call on 1300 635 529 for any of your family law matters.

15.01.2022 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.

14.01.2022 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 dura...tion 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.

12.01.2022 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.

11.01.2022 Annulment of Marriage is not the same as Divorce. Annulment is a legal procedure or finding that there was no legal marriage between two parties, even if a marriage ceremony may have taken place. Annulment can be granted in limited circumstances, such as when the parties were married, one of them was already married to someone else, if the parties are in prohibited relationship, one of the parties was under the age of 18 or one of the parties was forced into the marriage und...er duress. If you require any help with family law issues, contact one of our accredited family law specialists for a confidential discussion.

09.01.2022 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. Secon...d 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.

07.01.2022 The Lighthouse Project - light for more at-risk families. Back in August 2020, the Australian Government introduced a $13.5 million pilot program to better identify and support families in the family law system and are at risk of domestic violence. This project will first run through the Adelaide, Brisbane and Parramatta family law register, and it is expected to expand in the months to come. There are a number of benefits coming out from this project such as: better risk scr...eening, specially designed processes and support for those who are experiencing family violence, improved outcomes, improved case management decisions and many more. If you have any questions regarding parenting matters, please feel free to contact us on 1300 635 529 for a confidential discussion.

07.01.2022 Will the Court take into consideration my children's views? Only one or two in thousands of family dispute cases in Australia every year, end up where a judicial officer meets with the children. There are various methods for the court to obtain the views of children and they include: preparation of a Family Report, where a psychologist or social worker interviews the children and makes suitable parenting agreements ; appointing an Independent Children Lawyer, who will represe...nt the best interest of the children ; appointing a Family Consultant to prepare an assessment for the court. If you need advice or assistance with a family law matter, don't hesitate to give a call today.

06.01.2022 Subpoenas in Family Law matters. Subpoena or a legal document, when information from a third party is needed for the purposes of a legal proceedings, either to produce documents or to give evidence at a hearing. In family law matters, subpoena can include criminal histories, child protection records, medical records or school records, and it can be issued to anyone who the Court thinks is relevant to the proceedings.... For more information on how can we help you with you family law matter contact us on 1300 635 529

05.01.2022 The new National Arbitration List (NAL) - timely and cost-effective innovation. Back in June 2020 The Family Court of Australia announced the new and dedicated National arbitration List - which in just four months has proven to be a successful way or resolving family law disputes. The NAL is introduced to reduce the backlog of pending cases in the Courts. Now parties can appoint their own accredited arbitrator and set their own timetable, so you won't have to wait for a judge... to become available to hear your case. We are experts in all aspects of family law and possess the experience to offer practical solutions to even the most complicated of disputes, so don't hesitate to contact us today on 1300 635 529 .