Byron Bay Family law

Resource Hub – Articles/Blog

Our Services

Byron Bay 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

Child Custody Lawyers in Melbourne

At Byron Bay 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 Byron Bay 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.

Comprehensive Representation in Family Law

Byron Bay Family Law has years of experience working on cases involving complex child custody and financial agreement issues. We also have a skilled team that can provide expert mediation services. We strongly believe in treating every case with understanding, compassion and empathy. We are acutely aware that family law issues can be emotionally stressful, and we see our ability to provide expert legal solutions as critical to our clients’ ability to recover and start fresh. With every new case, the first step is always getting our lawyers to have a complete understanding of our clients’ needs and situation. We offer a free initial consultation with an expert family lawyers Melbourne. The initial consultation we use to listen to our client’s desires and figure out what the best approach will be.

Over the years, we have handled countless cases and have always strived to accomplish the best possible outcome for our clients. Choosing Byron Bay Family Law to represent your interest ensures you will have the best family law lawyers in not just Melbourne’s Eastern Suburbs but anywhere in Australia. Our expert family law team has vast experience across every aspect of family law, and this ensures we will have successfully handled cases similar to your own.

Divorce Lawyers in Melbourne

Byron Bay Family Law and Mediation Services was 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 are 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 are also accredited family law experts; this ensures we bring a higher level of expertise to all our mediations.

Unlike many other family law firms, Byron Bay 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 fist accredited family law specialists also to become accredited as a FDRP and Mediator. The Byron Bay Family Law team continues to provide professional development services for accountants, financial advisors and mental health professionals. We are vigorously committed to continuing providing 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.

Byron Bay 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, Byron Bay 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 personalised 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 web cast, online payment portals and handy calculators.

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

Although a boutique law firm, Byron Bay 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 organisations 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.

Byron Bay 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 Byron Bay 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 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 recognised 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 is 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’ is the paramount consideration.

That same sex parents are treated differently to 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’ is 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

Byron Bay 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

Byron Bay 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 they 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 Byron Bay Family Law, Book a Free consultation today to start the process.

Expert Family Lawyers in Melbourne’s Eastern Suburbs

At Byron Bay Family Law and Mediation Specialists, we have a dedicated team of family lawyers to assist you with a range of family law services. We specialise in providing complete legal support and can guide you through all aspects of family law. From divorce cases, child settlement, property settlement and financial arrangements, we can help you reach an outcome you are striving to achieve. The needs of our client’s always come first, so for every client, we provide expertly tailored advice to suit their unique needs. Byron Bay Family Law prides itself on providing the most skilled and experienced family lawyers in Melbourne’s Eastern suburbs

Comprehensive Representation in Family Law

Byron Bay Family Law has years of experience working on cases involving complex child custody and financial agreement issues. We also have a skilled team that can provide expert mediation services. We strongly believe in treating every case with understanding, compassion and empathy. We are acutely aware that family law issues can be emotionally stressful, and we see our ability to provide expert legal solutions as critical to our clients’ ability to recover and start fresh. With every new case, the first step is always getting our lawyers to have a complete understanding of our clients’ needs and situation. We offer a free initial consultation with an expert family lawyers Melbourne. The initial consultation we use to listen to our client’s desires and figure out what the best approach will be.

Over the years, we have handled countless cases and have always strived to accomplish the best possible outcome for our clients. Choosing Byron Bay Family Law to represent your interest ensures you will have the best family law lawyers in not just Melbourne’s Eastern Suburbs but anywhere in Australia. Our expert family law team has vast experience across every aspect of family law, and this ensures we will have successfully handled cases similar to your own.

Top Family Lawyers in Melbourne’s Eastern Suburbs

Our highly professional family law team believe in following a non-confrontational approach towards family law firm. We take pride in our ability to handle even the most complex cases with efficiency. We guide our clients at every step and are committed to making your experience as stress-free as possible.

We are intensely passionate about our practice and its ability to help our clients through a difficult period of their life. Our level of proficiency and negotiation skills consistently delivers positive outcomes for our clients. We strongly value client communication and take great care to keep clients informed through the journey. We continually evaluate our approach to ensure it continues to be the best approach. Our experience has shown that the initial outcome can change as the process progresses; constant communication helps to ensure that the final result is a satisfying one.

No matter how complex is your circumstance, we are here to provide expert family law advice. Book a free consultation via our website or by calling our office.

Top Family Lawyers in Melbourne’s Eastern Suburbs

Our highly professional family law team believe in following a non-confrontational approach towards family law firm. We take pride in our ability to handle even the most complex cases with efficiency. We guide our clients at every step and are committed to making your experience as stress-free as possible.

We are intensely passionate about our practice and its ability to help our clients through a difficult period of their life. Our level of proficiency and negotiation skills consistently delivers positive outcomes for our clients. We strongly value client communication and take great care to keep clients informed through the journey. We continually evaluate our approach to ensure it continues to be the best approach. Our experience has shown that the initial outcome can change as the process progresses; constant communication helps to ensure that the final result is a satisfying one.

No matter how complex is your circumstance, we are here to provide expert family law advice. Book a free consultation via our website or by calling our office.

Welcome to Byron Bay Family Law & Mediation Specialists

Byron Bay Family Law Welcome

Why Us

We’re passionate about helping clients achieve their best possible outcome – promptly, cost-effectively and, if appropriate, without resort to the court.  Byron Bay Family Law & Mediation Specialists is regularly recognised as a ‘Leading Family Law Firm’ by Doyle’s Guide to the Australian Legal Profession. Vanessa Mathews is also recognised as a ‘Leading Victorian Family Lawyers’.

Byron Bay Family Law & Mediation Specialists is at the forefront of dispute resolution service delivery innovation and is one of a few firms in Melbourne offering the full range of dispute resolution options to clients, including ‘unbundled’ and full service legal service, lawyer-directed negotiation, litigation, family dispute resolution, mediation and parenting coordination. We also offer fixed fees for many of our services.

Byron Bay Family Law & Mediation Specialists provides clients with easy access to all of its service, regardless of their location in Australia or overseas, by the use of the best available technology such as web conferencing.

The many testimonials generously provided by clients attest to the expertise, dedication and results achieved by Byron Bay Family Law & Mediation Specialists mathewsfamilylaw.com

We invite you to contact us to arrange a free 15 minute consultation with one of our family law specialists – telephone 1300 635 529 or mathewsfamilylaw.com

Where to Start

Lets Talk

Calculators

Numbers Tool

Resource Hub

Articles

Your Rights

Video/Vlog

Book A Free Consult

Support, Asset Divison & More

Everything You Need To Know

Your Questions  Answered

Where to Start

Lets Talk

Calculators

Numbers Tool

Resource Hub

Articles

Your Rights

Video/Vlog

Where to Start

Lets Talk

Calculators

Numbers Tool

Resource Hub

Articles

Your Rights

Video/Vlog

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator

Vanessa Mathews is the founder and managing director of Byron Bay 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 Byron Bay 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

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator

Vanessa Mathews is the founder and managing director of Byron Bay 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 Byron Bay 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