If you’re going through separation or divorce and need temporary decisions about parenting, finances, or property, you may need to apply for an interim order. These are short-term orders made by the Family Court to help manage things until a final decision is made.

This guide explains what interim orders are, how to apply, and what to expect from the process.

What Is an Interim Order?

An interim order is a temporary court decision about family law matters. It usually covers urgent issues like:

• Who your children live with and spend time with

• Who stays in the family home

• Child support or spousal maintenance

• Access to joint accounts or property

These orders remain in place until the Court can hold a full hearing to decide the final outcome (known as final orders).

Common Reasons for Interim Orders

You might apply for an interim order if:

• You’ve separated and need immediate parenting arrangements

• You’re worried about your child’s safety or well-being

• There’s a dispute over who stays in the family home

• You need financial help while sorting out property division

Example
After Emma separated from her husband, she needed urgent orders to stay in the home with the children while they sorted out longer-term parenting plans. She applied for an interim order through the Family Court to make that happen.

Step-by-Step: How to Apply

Step 1: Try Mediation (Family Dispute Resolution)

Before going to court, you usually need to try mediation through a Family Relationship Centre or a private mediator. If mediation fails or is unsafe due to family violence, you can apply for an exemption.

Step 2: File an Initiating Application

You’ll need to file an Initiating Application with the Federal Circuit and Family Court of Australia (FCFCOA), requesting the specific interim orders you’re seeking.

Step 3: Complete an Affidavit

You must attach an affidavit—a sworn statement explaining why the interim orders are needed. Include:

• Key events (e.g., separation date, parenting history)

• Any risks or urgent concerns

• Evidence (texts, police reports, medical letters, etc.)

Step 4: File Financial Statement (if seeking money-related orders)

If you’re asking for spousal maintenance or financial help, you’ll need to submit a financial statement showing your income, expenses, and assets.

Step 5: Serve the Other Party

You must give a copy of your application and documents to the other party, following court rules. This is called “service.”

Step 6: Court Hearing

At the interim hearing, the judge will consider:

• The urgency of the request

• Risks to the child or parties

• What’s in the child’s best interests

• Financial needs (if relevant)

You may not have to give evidence in person. The judge will usually rely on the affidavit and written material.

Do You Need a Lawyer?

You don’t need a lawyer to apply for interim orders—but it helps. Family law can be complex, and an experienced lawyer can:

• Help draft your affidavit clearly and effectively

• Make sure your documents are complete

• Represent you in court (especially if the other party has a lawyer)

You can also get help from Legal Aid or a community legal centre if you’re eligible.

What Happens After the Order Is Made?

The interim orders are legally binding. Both parties must follow them until final orders are made or the court changes the interim decision.

If circumstances change, you can apply to vary the interim orders. But you’ll need to show that the change is necessary or in the best interests of the children.

Final Thoughts

Interim orders are there to provide stability during a stressful time. Whether it’s parenting, finances, or housing, they help create a workable arrangement until the bigger issues can be resolved.

If you need clarity or support, start by understanding your options—and don’t be afraid to seek legal help if things get complicated.