The Difference between a Parenting Plan and an Order by Consent

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. ..

Who, What & Where – Family Law Dispute Roadmap

In an attempt to resolve family law disputes, many approach the courts. Nonetheless, courts are neither the simplest nor the sole avenue for dispute resolution. There are many stages involved prior to, and during a court process. This article attempts to briefly explain these various stages and the role of the parties involved in each stage…

Binding Financial Agreements (Pre-nups) in Australia

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…

Disputing Legal Costs in Family Law Proceedings

Whilst Legal Aid and Community Legal Centres aim to provide financial assistance to those suffering legal hardship, their limited funding means that too often families are faced with the heavy burden of extensive legal costs. Such legal costs are for the most part unavoidable but there are several avenues available for clients to dispute hefty and overzealous legal costs…

How the Courts Divide Property in Divorce Proceedings

Dinesh Munasinha

Online Legal Information Editor at Family Law Express
Dinesh is a lawyer with overseas experience currently completing the bridging course to be recognized as a lawyer in Australia. He has experience in successfully assisting individual as well as corporate clients in many areas of law. His strength is the ability to simplify complex legal issues, communicate effectively and find practical legal solutions for his clients.
Dinesh Munasinha

Where there is an irretrievable breakdown of a marriage, the party’s can apply for a divorce. An application for divorce is available 12 months after the date of separation. The Court must be satisfied that you and your partner have …..

Do Parents Have Rights or Responsibilities in the Family Law Act?

There is a common misconception by parents entering family law litigation of seeking to preserve their parental rights, however this is not the case as the Family Law Act 1975[1] is almost entirely focussed on a parental responsibilities – especially when there is the underlying principle in family law that the “best interests of a child” must come first…

Estate Disputes & Contesting a Will

The Succession Act sets out the criteria of eligibility to contest a Will. Among those eligible is a child of the deceased person whose Will is being contested, including a child born into or adopted by a de facto or domestic relationship. Moreover, it is assumed that there is a moral obligation on the deceased to provide for the maintenance, education and advancement in life of their child…

Decisions on behalf of your Children: The doctrine of ‘Parens Patriae’ in Australia

Parens Patriae means ‘parent of the country’ in Latin, and refers to the common law doctrine by which the Sovereign has an obligation to protect the interests of those unable to protect themselves, such as children and mentally incapacitated adults. For example, the State has a duty to protect children or the mentally ill who are abused or neglected…

How to make a Freedom of Information (FOI) Request

In Australia we live in a society which places emphasis in the principles of open-government and transparency.The Freedom of Information Act 1982 was designed to make government more open and accountable by providing a right of access to information in possession of government…