In January 2011, the Family Court decision of Wallace v Stelzer [1. [2011] FamCA 54.] brought much needed certainty to the, often convoluted, area of pre-nupital agreements also known as Binding Financial Agreements or ‘BFA’…

The nature of child abuse in a family context makes such cases difficult to prove. For this very reason, it is imperative that the law develops an approach to cater to the evidentiary difficulties involved in child abuse cases to ensure that children are free from abuse or risk of abuse. ..

Family Law Courts experience the largest amount of vexatious litigants which creates emotional stress and trauma to many individuals and families, and thus to prevent these outcomes it is essential for vexatious proceeding orders be established…

This article explains the various family law jurisdictions in Australia and its role in Court’s powers. Jurisdiction determines what subject matter a particular Judge can hear. This determines which court will hear your case. ..

This article attempts to address the long-standing and emotional debate surrounding parenting plans after separation – in particular, the appropriateness of overnight care for under 2 year olds…

This article will consider the meaning of “reasonably practicable” as it appears in section 65DAA of the FLA , and how it operates to allow or prevent cases where one of the parties seeks equal time or shared parenting orders…

It is clear that the Family Law Act has evolved since its creation in 1975. This can be explained by the constant change and wide variety of family structures. No family is the same and no family is perfect. There will always be a difficulty to provide a single concept of law and apply it universally. However, there has been a gradual movement towards equality for all family units, regardless of its composition…

Since 2009, separating couples have been able to file applications for divorce electronically (eFiling) via the Commonwealth Courts Portal at www.comcourts.gov.au…

A parenting plan and a parenting order by consent (aka a consent order) are two of the methods available to separated parents who are creating a formal agreement concerning their shared parental responsibilities. ..

Binding Financial Agreements (BFA) are legally contractual agreements made between either de-facto or married couples before, during or after their relationship, regarding how their financial resources, assets and liabilities will be divided if their relationship ceases. Australian BFAs first became enforceable in 2000…