The Australian family-law process can be unfamiliar when you are dealing with separation, parenting arrangements, finances or safety. The good news is that not every family-law problem needs a courtroom. Understanding the stages helps you prepare and make informed choices.
01What family law covers
Family law in Australia deals with the legal issues that may arise when a relationship ends. They can include parenting arrangements, dividing property and debts, superannuation, maintenance and divorce. A single family may need to address several of these questions—but they are not all decided in the same application or at the same time.
The primary federal court for these matters is the Federal Circuit and Family Court of Australia (FCFCOA). There are additional jurisdictional arrangements in Western Australia, particularly for de facto property matters.
Are you seeking an agreement about children, a property settlement, financial support or a divorce? Identify the particular problem before deciding what application is needed. The Court has different forms and pre-action rules for different orders.
For related topics see separation in Australia, property settlement and divorce.
02Step one: separation
Separation usually begins when one or both partners decide their relationship is over and that intention is communicated or otherwise evident from their conduct. You generally do not need a court order or your former partner’s agreement simply to separate.
The date matters. Married people generally must be separated for at least 12 months and one day before applying for divorce. Financial-claim deadlines may also become relevant later. Couples can sometimes be separated while living at the same address, but they may need supporting evidence in a divorce application.
Illustrative example · Sarah and Jack
Sarah and Jack separated in May 2023. For six months they continued sharing a house because moving was expensive, but they had ended their relationship. They kept separate household arrangements and recorded the change. When Sarah later considered divorce, the question was not simply whether they had lived apart; it was whether they could establish that they had genuinely been separated for the required period.
Learn about living together after separation and how separation under one roof may affect your evidence.
03Step two: reach agreement where possible
Where it is safe and suitable, the law encourages people to make a genuine attempt to resolve disputes without contested court proceedings. Depending on the issue, that might involve direct discussion, negotiation through lawyers, counselling, mediation or Family Dispute Resolution (FDR).
For many parenting applications, a section 60I certificate issued by an accredited FDR practitioner is required before an application for parenting orders can be filed. There are exceptions, including certain urgent situations and those involving family violence or risk of child abuse. Do not force a face-to-face negotiation where it is unsafe.
For financial and property disputes, the Court generally requires pre-action procedures and genuine steps to resolve the dispute, with exemptions in some circumstances. These may include exchanging financial information, inviting dispute resolution and making a genuine settlement offer.
How an agreement can be recorded
- Parenting plan: a written, signed parenting arrangement. It is not itself enforceable as a parenting order.
- Consent orders: orders approved by the Court, often without a contested hearing, for parenting or financial issues.
- Financial agreement: an agreement that must meet strict legal formalities, including independent legal advice for each party, to be binding.
Read the parenting-plan guide or the Court’s information about agreed financial arrangements.
04Step three: prepare and file a court application
If negotiations fail or an application is necessary, an applicant may ask the Court for orders. The application and accompanying documents depend on what is being sought; there is no single universal “family-law application” for every issue.
- Parenting orders may concern the child’s living arrangements, time with important people, communication and decisions about major long-term issues.
- Financial or property orders may concern assets, liabilities, superannuation and the just and equitable division of property.
- Spousal or de facto partner maintenance can be sought in appropriate circumstances where financial need and capacity to pay are established.
Common requirements can include a Genuine Steps Certificate, an initiating application, financial or parenting information, an affidavit where applicable, and notices relating to child abuse or family violence. Different forms apply for a standalone divorce application.
Some applications can be made urgently or without completing ordinary pre-action steps. Explain the circumstances and follow the applicable procedure. If there is immediate danger, call 000.
The Court publishes detailed instructions for parenting applications and financial applications.
05Step four: the first court event
The first court event is generally a procedural or directions hearing, not a full trial. Often a Judicial Registrar considers the steps required to progress the case, such as service, document exchange, expert reports, dispute resolution and the timetable for future hearings. The type of matter, urgency and judicial directions affect what happens.
Where appropriate, and subject to the process and available time, the Court may also consider an interim application or approve agreed orders. An interim order is a temporary arrangement while a matter is progressing; it is not necessarily the final outcome.
Illustrative example · Ben
Ben applied for parenting orders. At an early court event, the Court considered the children’s immediate arrangements and made interim directions about their care while the parties continued the legal process. The interim arrangements did not predetermine what final orders, if any, would later be appropriate. Every case turns on its own evidence and the children’s best interests.
See the Court’s explanation of hearing types.
06Step five: documents, disclosure and evidence
Evidence helps establish the facts relevant to the orders sought. Depending on the dispute, parties may be asked to exchange or file documents, provide witness affidavits, participate in an assessment, or obtain an expert report. The Court controls when and how evidence is provided.
In property and financial disputes
The duty of full and frank disclosure usually requires information about property, debts, income, financial resources, superannuation, companies and trusts, including relevant information that may not support a party’s own case. This duty begins before proceedings and continues as matters progress.
In parenting disputes
Relevant evidence may include school and medical information, communications, witnesses and any appropriate family report. In some cases an Independent Children’s Lawyer may be appointed. The Court considers the child’s best interests, with safety at the centre of the assessment.
A large bundle of messages or financial statements is not automatically persuasive. Keep a chronology, preserve original records and seek advice about evidence and privacy. Do not access another person's accounts without authorisation.
Official guide: duty of disclosure.
07Step six: hearings and final orders
Many cases resolve by agreement before trial. If a contested matter remains unresolved, the Court may conduct a final hearing, consider admissible evidence and make final orders in accordance with the law.
Final parenting orders address the child’s best interests. Final financial orders may divide property, superannuation and liabilities or deal with maintenance. Child support is usually administered separately under Australia’s child-support scheme, although courts can deal with some child-support issues in particular circumstances.
Can final orders be changed?
It depends on the type of order and the legal basis for change. Final parenting orders generally cannot be reconsidered in a contested application unless the statutory threshold concerning a significant change in circumstances and the child’s best interests is met. Final property orders are not routinely reopened: specific and limited statutory grounds apply. Consent orders may be made in appropriate circumstances to vary certain existing orders.
Read the Court’s guidance on changing parenting orders and financial orders.
08Parenting and property cases are different
Parenting, property and divorce can overlap but they operate under different legal rules. This is important if you are thinking about how to prepare your documents or which issue should be resolved first.
FDR and the section 60I rules are particularly important before many parenting applications.
Pre-action disclosure, valuations and settlement proposals often become central.
A divorce order ends a marriage; it does not itself settle parenting or property issues.
Since 6 May 2024, Australian parenting law no longer has a presumption of equal shared parental responsibility. Changes to the property-settlement framework took effect from 10 June 2025. The relevant law and court orders should always be checked when making decisions.
See separation and children and property settlement after separation.
09Time limits that can affect your case
Missing a deadline can have serious consequences, even where negotiations are continuing. For many property and maintenance court applications the usual time limits are:
Generally from the date the divorce order takes effect—not from the date you first separate.
Generally from the breakdown of the de facto relationship for covered financial proceedings.
Some categories of applications fall outside these limits, and it may be possible to apply out of time with leave or consent in certain circumstances. Do not assume a late application will be accepted. The time limits for divorce eligibility are separate: usually 12 months and one day of separation before applying for divorce.
Source: FCFCOA — financial time limits.
10Interactive guide: six stages of a family-law case
Use this interactive navigator to explore the six stages described in the original Aussie Divorce article. It is an educational overview—not a prediction of how long your case will take or whether a hearing will be necessary.
Interactive process navigator
Explore each stage of a family-law matter
Select a stage to view its purpose, common documents and what may happen next. Cases may resolve before reaching later stages.
Stage 1 of 6
Separation and the date it began
Record when the relationship ended and any relevant arrangements for the household, children and finances.
If you continue living under the same roof, keep evidence that separation has occurred.
The steps are illustrative, not a mandatory route. Urgency, family violence, existing orders and the type of application can change the sequence.
11Legal help and representing yourself
You generally do not have to hire a lawyer to apply to court, but advice can be valuable before signing a financial agreement, preparing evidence, seeking urgent orders or deciding whether to start proceedings.
- Legal Aid commissions: may provide information, advice or representation subject to eligibility.
- Community legal centres: may offer free or low-cost assistance, depending on the service and capacity.
- Family lawyers: can advise on the application, relevant evidence, risk and settlement options.
- Family Relationship Advice Line: 1800 050 321 for family relationship information and referrals.
For people representing themselves, use the Court’s current forms, practice directions and filing checklists, and ask court staff about procedure rather than expecting individual legal advice.
See the Court’s parenting application guidance and financial application guidance.
12Practical case-preparation checklist
These practical tasks can help organise information, whether you negotiate privately or seek court assistance. The checklist is stored only in this page while it is open; it does not send or save answers.
My preparation checklist
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13Frequently asked questions
Do I need to attend mediation before going to family court?
Often, but the precise requirement depends on the application. A section 60I FDR certificate is ordinarily required before filing many parenting applications, unless an exemption applies. Financial matters generally have separate pre-action requirements. Safety and urgent circumstances can justify exceptions.
Can the first hearing decide my entire case?
Most first court events are procedural, but some applications may be resolved by consent, and interim or other orders can sometimes be made. A contested trial is not the usual purpose of the first court event.
What is the difference between interim and final orders?
Interim orders deal with matters during the proceedings. Final orders are intended to conclude issues before the Court. The rules for changing them later depend on what kind of orders they are.
Is a parenting plan enforceable?
A parenting plan is not directly enforceable as a court order. Consent parenting orders can be made by the Court if the terms meet the legal requirements, including the child’s best interests.
Do I need to be divorced before applying for a property settlement?
No. Eligible married people may resolve property issues after separation and before divorce. However, a divorce taking effect generally starts the 12-month deadline for many later financial court applications.
Are child support and spousal maintenance the same?
No. Child support generally concerns financial support for children and is usually dealt with through the child-support scheme. Spousal or de facto partner maintenance concerns financial support between former partners and has different legal requirements.
14Further reading on Aussie Divorce
Family law mediation in Australia
Parenting plans and how to make one
Time limits for property settlements
For binding requirements and the latest filing procedures, consult the Federal Circuit and Family Court of Australia directly. External websites are deliberately not hyperlinked on this page.
Information only. This is a general plain-English guide to Australian family law, reviewed in November 2026. It is not legal advice. Court procedures, safety requirements, court orders and deadlines depend on individual circumstances and jurisdiction.