Mathews Family Law & Mediation Specialists has created many detailed articles answering the most common questions people have in relation to their rights and Australian Family Law.
If your former partner chooses to dispute the date you separated, you may be required to prove when the separation happened. You may be in a position where you live with your former partner temporarily while you make other arrangements. In this event, you will want proof of the date on which separation occurred. One way to prove you have separated from your partner is to have it confirmed in dated written format, ideally signed by both you and your former partner. If a written and dated document will be difficult to acquire, then a text message to your former partner can often suffice.
Proof of Separation
If a precise date of separation isn’t known because it was a gradual process that happened over some time, it may be required for the Family Court to determine when the separation occurred. In this circumstance, the Family Court will look at factors such as:
What are some of the first steps you can take following separation?
Take the next step, contact Mathews Family Law
The next step is to book a free 15-minute telephone consultation with an accredited family law specialist at Mathews Family Law and receive specific advice about your situation.
Book a free consultation online today.
Separation is never easy, especially when children are involved. There are always lots of issues that need to be addressed. You may need to organise new financial arrangements, possibly arrange new accommodation and transport. Then there is the difficult job of informing friends and family, which can affect your long-standing friendships. When children are involved a great deal of care needs to be taken to ensure their lives and wellbeing get impacted as little as possible.
Even if you are not married, separation can still be complicated and involve legal paperwork. When children, child support, maintenance and property are affected by separation, legal advice and formal documents of agreements reach is likely to be of assistance.
Disputes and Resolutions
Following separation, there may be disagreement about the management of parenting and financial issues. Family Dispute Resolution mediation, supported by your own legal advice, soon after separation may be of assistance and help to avoid disagreements becoming entrenched.
Family violence is a major reason for relationship breakdown. If you are experiencing family violence, please contact your local police who can provide immediate assistance and / or family violence support service who can support you to understand your situation and help you to formulate options for moving forward. Legal advice about parenting, child support, maintenance and property settlement issues may be of assistance at this time.
Talk with a Mathews Family Law & Mediation Specialist
Just as no two experiences of relationship breakdown will be the same, there is no ‘one size fits all’ approach to the resolution of issues arising from the breakdown of a relationship – what works for one person may not necessarily be the right solution for you.
Mathews Family Law is one of the most experienced family law firms in Melbourne with the knowledge to guide you through the most challenging of experiences.
If you are contemplating separation or divorce, book in an obligation free 15-minute consultation with one of our accredited specialist family lawyers to understand your rights and options.
Contact us today for a free consultation.
Listen to some of our recent podcasts that discuss common issues in Australian Family Law.
In the recent Family Court case of Anaya & Anaya  FCCA 1048, the principle in the long established case of Kowaliw and Kowaliw was re-affirmed that:
As a statement of general principle, I am firmly of the view that financial losses incurred by parties or either of them in the course of a marriage whether such losses result from a joint or several liability, should be shared by them (although not necessarily equally) except in the following circumstances:
In Anaya, the husband argued that investment funds (including an inheritance of $1,000,000) ‘lost’ by the wife should be ‘added back’ to the asset pool and treated as an advance on her property settlement. The wife argued that the losses were a matter to be taken into account generally and to have them ‘added back’ to the asset pool would likely result in hardship to her.
His Honour held that at the time the wife decided to enter into the high risk investment she was likely to have been depressed and angry at the husband about their separation but that her decision to do so was reckless and fell within the second category of Kowaliw. The wife’s awareness was exacerbated by the timing of her decisions – after Family Court proceedings had commenced and she had legal representation.
I often have clients ask me to seek redress for losses ‘caused’ by their former partner, for example, the reduced value of their share portfolio or investment in a now worthless time-share resort. For the majority, my answer is no, that these losses were incurred in the course of the marriage but for some however, the answer is ‘yes’, for example, money lost due to gambling.
It is important that each significant financial ‘win’ and ‘loss’ experienced during the marriage is objectively assessed in the context of its surrounding circumstances. An emotional assessment may be misguided and result in unrealistic expectations by the aggrieved client.
I am available to assist with this task – by offering an objective and realistic assessment of your client’s complex property settlements.
Please contact me on firstname.lastname@example.org or 9804 7991 if you would like to discuss your client’s situation.
Or have your client contact me to arrange a free initial 15 minute telephone consultation.
The role of the Single Expert Witness / Family Report Writer was considered in a recent child custody decision by the Family Court of Western Australia (Worrall and Bartley  FCWA 132).
In accordance with an earlier order that the interim parenting arrangements (child custody) for the nine year old child (who had been the subject of litigation for eight years) be reviewed after 12 months, the Single Expert Witness / Family Report Writer conducted his review and published a report.
The father sought that final parenting orders (child custody orders) be made in terms of the existing interim parenting orders or otherwise in accordance with the recommendations of the Single Expert Witness / Family Report Writer ‘on the papers’, that is, without cross examination of the parties and / or witnesses.
The mother objected on the grounds that:
His Honour held that:
For these reasons, His Honour declined to determine the matter ‘on the papers’ and the matter was listed for final hearing in the Family Court with cross-examination of the experts.
The Family Court child custody case upholds the principle of ‘procedural fairness’ and the importance of parties having the right to put all witnesses, including expert witnesses, ‘to the test’.
Mathews Family Law & Mediation Specialists is an award winning best family law firm in Melbourne’s eastern suburbs recognised for its expertise in complex Family Court child custody matters.
Please contact Vanessa Mathews on email@example.com or 9804 7991 to arrange a free 15 minute telephone consultation to discuss your child custody matter with one of the best family lawyers in Melbourne, accredited family law specialist, Vanessa Mathews, Kuppy Nambiar and Jeremy Hogg.