Anest Mathias

Anest qualified as a solicitor in 2005 and joined our Family Finance team as a senior solicitor in 2020. Anest advises married and unmarried couples on all aspects of private family law.

Anest has a wide range of experience in divorce and separation including finances upon divorce, financial provision for unmarried couples and children and disputes as to the ownership of property. 

Anest advises parents and other family members about the arrangements for their children including cases where there are allegations of implacable hostility or international dimensions. 

Anest represents both parties in applications for non-molestation orders and occupation orders, having obtained such orders and resisted the making of them.

Anest has a particular specialism in fertility, surrogacy and modern parenting law and advises heterosexual and same sex couples as well as individuals seeking to create their family. She is experienced in international and domestic surrogacy arrangements. She advises intended parents and donors as to their legal parenthood status. She has represented parties in applications for declarations of parentage following conception using donor sperm both at a HFEA licensed clinic and outside the clinic. Anest advises about co-parenting arrangements and agreements. Anest has represented a client whose clinic refused to provide treatment on welfare of the child grounds. Anest’s cases have been reported in the law reports as well as the national media.

Anest is a committed member of Resolution and approaches matters in a constructive and non-confrontational away. When children are involved she seeks to encourage parties to take a child-centred approach to secure the best outcome for their child.

As a former member of the Executive Committee of the British Infertility Counselling Association, Anest has an understanding of the impact of the stress of infertility on a person’s health and she regularly signposts clients for support when needed.

Notable cases

• U v E [2024] EWFC 39 https://www.bailii.org/ew/cases/EWFC/HCJ/2024/39.html
• Re: C (Parental Alienation’; Instruction of Expert) [2023] EWHC 345 (Fam) before The President of the Family Division https://www.judiciary.uk/wp-content/uploads/2023/02/Re-C-Parental-Alienation-judgment-220323.pdf
• Re the Human Fertilisation and Embryology Act 2008 (Case O) [2016] EWHC 2273 (Fam) successfully representing the application in a declaration of parentage and revocation of an adoption order. The then President of the Family Division considered: “The present case is unprecedented, indeed far removed on its facts from any of the previously reported cases.”
• Re A and others (Legal Parenthood: Written Consents) [2015] EWHC 2602 (Fam), [2016] 1 WLR 1325 representing one of the applicants on a declaration of parentage where a child was conceived using sperm donation at a HFEA licensed clinic but where the requisite consents for her female partner to become the child’s parent were not held on the patient’s file.
• Re M [2013] EWHC 1901 (Fam) representing the husband in an application for a declaration of parentage. Mr Justice Jackson held that a “donor” was the father of a child where the child was conceived through natural insemination

Other notable cases include:

• Securing 70% of the net matrimonial assets for a wife following her divorce.
• Resisting an application for the order for sale of a jointly owned property which was purchased to house the parties’ disabled daughter.
• Representing a husband where there were significant inherited assets in Spain.
• Successfully opposing a mother’s application to relocate to Italy with their daughter.
• Obtaining permission for a mother to relocate to Ireland with their son, such permission having previously been refused.
• Securing a substantial child arrangements order for a father where the mother had suspended contact making allegations that the father was violent, had psychological difficulties and had substance misuse issues.

Memberships

• Member of Resolution.
• Member of the Modern Parenting Networking Group.

Publications

Anest has written articles for Family Law Journal, Bionews and the Journal of Infertility Counselling. She is the author of the Resolution Guide to Good Practice in Fertility Cases.

Accreditations

The Law Society Family Law Advanced Accreditation.

Legal 500, 2024 – Listed as a Leading associate

Recommendations

She has an excellent manner with vulnerable clients who require extra help and attention. She is empathetic, thoughtful and kind whilst still providing sound advice and a good quality service.

Chambers & Partners, 2024

Anest has fantastic working knowledge of the HFE Act.

Chambers & Partners, 2024

Anest Mathias is a top-quality lawyer with excellent client skills; she has an empathetic approach which makes her well-placed to manage vulnerable and sensitive clients, particularly in emotionally charged and difficult cases.

Legal 500, 2024

Anest Mathias is an individual who stands out to me. She has a brilliant grasp of fertility and surrogacy law related issues. She is a member of the Modern Families Pod, to which only those individuals who have expertise in this field are invited to join. I am a member of the pod, and Anest has been a dedicated and enthusiastic member since its inception.

Chambers & Partners, 2023

I’d like to thank you for all your advice, support and work on my and [my son’s] behalf. I found the process difficult and would not have sought to make these arrangements without your encouragement. What has been put in place is very much for the best and a great improvement on what has been. This really is the start of something new….. You had a clear sense of purpose and what was and was not significant.

May I take this opportunity to thank you for all your hard work and the impressive way you ‘got up to speed’ with this case and managed a number of very difficult issues- very impressive.

Anest’s calm nature was a plus, despite my pressure she handled my complicated case with great ethical standard and professionalism. She advised on the way forward without compromising her integrity, she was always available to advise and made sure I achieved my objectives in the case. I will always recommend her services or engage her services if I have to in the future.

To my darling Anest, thank you so so much you are a wonderful person. I could never have got through this without you. We won!

Thank you for steering this boat through turbulent waters to a calm shore.

Anest showed good professional knowledge in our initial meeting. She also showed empathy to my situation. She offered relevant and feasible suggestions. I wish I can have a smooth divorce with her help.

You are awesome, it’s true. You changed my life forever and I will never forget you.

Just wanted to thank you for your help in getting me through this most difficult period of my life. Thank God it is all over!! I appreciate all you have done. I can now get on with the rest of my life without the stress of legal matters. Once again thank you!!

Very capable and compassionate.