James McHale recognised as a Nationally Accredited Mediator

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Kelly & McHale Family Lawyers

If an inheritance was received early in a long marriage and was used for joint purposes, such as paying off the mortgage on the family home or funding family holidays, its impact on contributions is likely to be lessened over time. Over time, the distinct ownership of that inheritance blurs into the overall family economy.

Conversely, if an inheritance was received very late in the relationship, or after separation has occurred, the Court is more likely to view it differently. While it may still be included in the asset pool, it will usually be acknowledged as a significant financial contribution made solely by the beneficiary.

Inheritance & Property Settlements: Protecting Your Assets with Victorian Family Law

This is the most critical exemption. If there are reasonable grounds to believe there has been family violence or child abuse, the Court does not require you to mediate.

In cases involving the potential abduction of a child or the relocation of a child without consent, the delay caused by waiting for mediation is unacceptable.

If one party is unable to participate due to psychological health or the trauma of coercive control, mediation may be deemed inappropriate.

If a party has breached a court order made within the last 12 months, the Court may allow the matter to proceed directly to a hearing.

Documenting the history of conflict, communication breakdowns, and any instances of family violence to support your application for an exemption and your proposed orders.

Seeking immediate, short-term orders to establish a safe routine for children and stable financial arrangements while the larger dispute is being managed.

In particularly high-conflict cases, the Court may appoint an ICL to represent the children's interests independently of the parents’ dispute.

Engaging family consultants or psychologists to provide the Court with an objective assessment of the family dynamic and the children’s needs.

Navigating High-Conflict Separation: When Mediation Isn’t the First Step

Photos or videos of excessive partying or reckless behaviour can be used to argue that a parent’s lifestyle is inconsistent with providing a stable environment.

If a parent regularly posts derogatory comments about their ex-partner online, the Court may view this as evidence of an inability to co-parent effectively.

If a parent claims they are struggling financially, but their Instagram feed is full of luxury holidays, their overall credibility will be severely undermined.

Posting photos of a child in a way that identifies their location or school can be presented as a failure to protect the child’s safety and privacy.

Before you hit “post”, imagine a Judge sitting next to you, reading that post. If you wouldn't want them to see it, don't post it.

Do not mistake “Private” for “Protected”. In family law, a screenshot is a permanent record. Even if your settings are locked down, mutual friends, family members, or “finstas” can easily capture and pass your content to the other side. Treat every single post as if it were a formal affidavit being filed in Court.

The safest option is often to take a break from social media entirely until your matter is resolved.

If you are worried about past posts, talk to your lawyer first. Deleting evidence can be seen as “spoliation” and may harm your credibility more than the original post would have.

Ensure that well-meaning friends or family members aren't posting about your case or the other parent on your behalf.

Lyn Cox

James McHale recognised as a Nationally Accredited Mediator

Find out more about James and how he can help you.

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