In Australia, when separating couples can’t reach agreement on important issues like children, property, or financial support, they may need the court to decide. That decision is called a Final Order.

A Final Order is the court’s binding decision that settles all outstanding issues in your family law matter—whether about parenting, property division, spousal maintenance, or other disputes. Once made, it replaces any previous interim or temporary arrangements and outlines your long-term legal responsibilities and rights.

What Issues Can Final Orders Cover?

Final Orders can deal with one or more of the following areas:

• Parenting – Who the child lives with, how much time they spend with each parent, and how big decisions are made.

• Property – Who keeps which assets, how debts are divided, and whether anything must be sold.

• Spousal Maintenance – Whether one partner must provide financial support to the other.

• Child Support (in limited cases) – Sometimes included, but usually managed through Services Australia.

When Do You Apply for Final Orders?

You can apply for Final Orders:

• After separation or divorce, when you can’t reach agreement.

• If interim orders have been in place but haven’t resolved the issue.

• When you need legal clarity and long-term certainty.

Do You Have to Go to Court?

Not necessarily. Many people reach an agreement through mediation or Family Dispute Resolution (FDR). If you do agree, you can file Consent Orders, and the court will make them binding without a full hearing.

But if you can’t agree, you may need to apply for Final Orders through the Federal Circuit and Family Court of Australia.

What’s the Process to Apply for Final Orders?

Here’s a step-by-step outline of how it works:

Step 1: Try Mediation First

Before applying to court, you’ll usually need to attempt Family Dispute Resolution (unless there’s a risk of family violence or abuse). You’ll get a certificate (called a Section 60I Certificate) showing you’ve tried.

Step 2: File an Initiating Application

This includes:

• Your proposal – What orders you want.

• An Affidavit – A sworn statement with your version of events.

• A Financial Statement – If you’re asking about property or spousal maintenance.

Step 3: Serve the Other Party

The other person (your ex) must be formally notified and given the chance to respond.

Step 4: Court Hearings

There may be multiple court dates:

• First hearing – May involve interim orders.

• Final hearing (trial) – If no agreement is reached, both sides present evidence and witnesses.

What the Court Considers Before Making Final Orders

The court’s main goal is fairness and what’s in the best interests of the children. Some key things the judge will consider include:

For Parenting Matters:

• The child’s relationship with each parent.

• Any history of family violence.

• The child’s views (if old enough to express them).

• The need for stability and emotional safety.

For Property and Financial Matters:

• What each person contributed to the relationship (financial and non-financial).

• Future needs, like age, health, income capacity, and parenting duties.

• Whether the proposed division is “just and equitable.”

What Needs to Be Included in a Final Order Application?

Your application should clearly set out:

• What orders you’re asking the court to make.

• Why you’re asking for those orders.

• Any evidence you’re relying on (bank statements, parenting schedules, etc.).

• Your financial position and parenting arrangements.

Tip: Use plain English and provide honest, detailed information. Incomplete or vague applications can delay the process.

Real-Life Example

Maria and Sam were married for 15 years and have two school-aged children. After separating, they couldn’t agree on parenting time or how to split the house and super. They tried mediation, but it failed.

Maria applied for Final Orders asking that:

• The children live with her and spend alternate weekends with Sam.

• She keeps the family home and refinances the mortgage in her name.

• Sam retains his full super.

At the final hearing, the judge considered both parents’ proposals, the children’s needs, and each party’s financial situation. The court made orders granting Maria primary care, splitting the property 60/40, and no spousal maintenance.

Do You Need a Lawyer?

Not necessarily. Many people represent themselves, especially if the matter is straightforward. However, family law can be complex. Getting legal advice before filing can save you time and stress—particularly in financial or parenting disputes.

You can also seek help from:

• Community legal centres

• Legal Aid

• Court self-help services

Key Takeaways

• Final Orders legally resolve family law disputes when couples can’t agree.

• They can cover parenting, property, and spousal maintenance.

• The court aims to ensure a fair outcome and the best interests of any children.

• You must try mediation first (unless exempt).

• A well-prepared application with evidence increases your chances of success.