Family Law

Prenuptial Agreements Prenuptial Agreements are a form of a Binding Financial Agreement (BFA) covered under section 90B in the Family Law Act. A ‘prenup’ is commonly used by parties wanting to enter into a formal agreement prior to marriage regarding financial arrangements, should separation occur in the future. A prenuptial agreement is a formal document…

What are final Parenting Orders? Final Parenting Orders are Family Law Orders that detail the parenting arrangements for a child or children, which remain in force until the child turns 18. Final Orders can be made by a judge after hearing evidence and submissions by the parties, or by consent if all parties are in…

What is Parental Responsibility? ‘Parental responsibility’ is presumed to be held equally by both parents of children born to, or legally adopted into, a relationship under section 61C of the Family Law Act 1975 (Cth) [the ‘Act’]. This means under the Act, each parent of children under 18 years of age has equal parental responsibility for…

Why Prepare for Separation? A failure to prepare for separation and divorce – the dissolution of a relationship – will often cause greatly increased costs to both parties, higher levels of mental stress and worry, time inconvenience, and possibly a large increase in personal conflict and emotional distress. Many couples who have enjoyed a long-term…

What Is Surrogacy? A “surrogate” is a person who acts to achieve an outcome on behalf of another person, i.e. a ‘surrogate’ is simply a substitute. So, ‘surrogate parenting’ is one person, the surrogate, carrying a foetus on behalf of another person, usually someone who is either incapable or unwilling to bear the child themselves.…

Child abuse cases are covered under the Magellan program which operates in the Family Court of Australia. The Magellan program is for parenting cases which involve serious allegations of child abuse (including physical and sexual abuse).  This program recognises that the children involved in these disputes are some of the most vulnerable. The Magellan program…

The Child Responsive Program applies to parenting cases under the Family Law Act and is designed to help parents and the court focus on a child’s best interests. Usually, the children will be actively involved in the process, as research shows this can help parents better understand their children’s needs and make clearer decisions about…

Family violence is now recognised as a significant problem in Australia, as demonstrated by Victoria’s recent Royal Commission.  In particular, the number of family violence allegations during parenting cases is steadily growing, which can be seen in the Family Court of Australia’s 2014-2015 Annual Report. Family violence is also an important factor to consider during…

In family law matters which requires adjudication by a court, it is hard to know whether to initiate a case with the Family Court of Australia or the Federal Circuit Court. There are a number of differences between the Family Court and the Federal Circuit Court to consider when deciding which court to start your…

Like all legal actions, time limits also apply in family law matters. These time limits affect the time frame you have to bring an action in the Family Court and Federal Circuit Court. You can find these time limits in the Family Law Act 1975 (Cth). A party will be prevented from starting a claim…

Non-court based family services such as counselling and reconciliation are dealt with under Part II of the Family Law Act 1975 This article discusses counselling as a way to undertake family dispute resolution out of court and what reconciliation means for family law matters. Counselling in Family Law Counselling in family law is defined within…

Family reports provide an independent assessment of relevant issues in parenting disputes, and can help the court make decisions about a child’s best interests. A child’s best interests are the primary focus in family law parenting matters. Family reports are written by court-appointed family consultants and will usually contain recommendations for the child’s future care,…

A property settlement is an arrangement made between parties to divide assets, liabilities and financial resources when a couple separate. A property settlement can be made with or without the court’s assistance. Property can include almost anything of value, such as: Property owned jointly or independently; Superannuation; Business interests; Trust interests; Jewellery Cars; and Money.…

The Child Support (Assessment) Act 1989 (Cth) imposes a duty on a parent to maintain their children in the form of child support payments. Child support is sometimes referred to as child maintenance and is an ongoing payment made by one parent / guardian to another to assist in caring for and supporting the child.…

Grandparents can play a significant role in a child’s life and may be the child’s main caregiver. In many situations it is therefore important to understand your rights as a grandparent to see and care for your grandchildren. The Family Law Act 1975 (Cth) has provision to grant rights to grandparents in relation to their…

If a person to a marriage or de facto relationship is declared bankrupt, it can have a significant impact on family law disputes. What is bankruptcy? Under the Bankruptcy Act 1966 (Cth) a person can be declared bankrupt in one of two ways: A creditor, or someone the person owes money to, makes an application…