Family Law in Australia

Family law governs the legal relationships between spouses, de facto partners, parents, and children. In Australia, the primary legislation is the Family Law Act 1975 (Cth), which establishes a national framework administered largely by the Federal Circuit and Family Court of Australia (FCFCOA). Whether you are navigating a separation, disputing parenting arrangements, dividing property, or seeking protection from family violence, the decisions made during this period will have lasting consequences for you and your children. Understanding your legal rights and obligations from the outset is not optional — it is essential.

Family law matters rarely resolve themselves. Without timely legal advice, you may agree to arrangements that are legally unenforceable, sign financial agreements that do not protect your interests, or lose the opportunity to seek orders the court would otherwise have made in your favour. Time limits apply to many family law applications — for example, de facto partners generally have two years from the date of separation to apply for a property settlement, and married couples have one year from the date a divorce order takes effect. Missing these deadlines can mean losing significant financial entitlements permanently.

The emotional weight of separation and family breakdown can make it difficult to think clearly about legal strategy. This is precisely when professional legal representation matters most. A family lawyer does not simply fill out forms — they assess your situation, advise you on likely outcomes, negotiate with the other party or their lawyer, draft binding agreements, and represent you in court if proceedings become necessary. The right advice at the right time can mean the difference between a fair outcome and one you will regret for years.

Go To Court Lawyers operates one of Australia's largest networks of family law practitioners, with more than 800 lawyers available across every state and territory. Our family lawyers appear in the Federal Circuit and Family Court of Australia, the Family Court of Western Australia, and state magistrates courts handling related matters such as domestic violence orders. We assist clients at every stage — from early advice about separation rights through to complex contested hearings involving children, superannuation splitting, business assets, and international parenting disputes. Whether your matter is straightforward or highly complex, Go To Court Lawyers has a practitioner with the relevant experience in your region, ready to act for you promptly.

Who Needs a Family Lawyer?

If you are separating from a spouse or de facto partner, concerned about your children's safety or living arrangements, facing pressure to sign a financial agreement, or dealing with a former partner who is not complying with existing orders, you need legal advice. Family law affects some of the most important aspects of your life — your children, your home, your superannuation, and your financial future. Do not navigate it alone.

Separation and Divorce

Separation triggers a range of legal rights and obligations that many people are unaware of until it is too late. Our lawyers advise on the legal date of separation, what steps to take immediately to protect your financial position, and how to apply for divorce once the 12-month separation period has elapsed. We guide you through the entire process, from initial advice to finalising divorce orders.

Property Settlements

Dividing assets and liabilities after separation involves more than simply splitting things in half — courts consider contributions made by each party and future needs factors including income, age, health, and caring responsibilities. Our family lawyers assist with negotiating out-of-court settlements, drafting binding financial agreements and consent orders, and representing clients in contested property proceedings where agreement cannot be reached. Acting promptly is critical given the time limits that apply.

Parenting Arrangements and Custody

When parents separate, decisions about where children live and how much time they spend with each parent are among the most consequential legal matters they will face. Our lawyers help clients negotiate parenting plans, draft consent orders, and where necessary, make urgent applications to the court for parenting orders. The best interests of the child are the court's paramount consideration, and our practitioners understand how to present your case effectively within that framework.

Child Support

Child support obligations are assessed by Services Australia using a statutory formula, but disputes frequently arise about assessments, changes in income, special expenses, and the enforcement of payment obligations. Our lawyers advise parents on their rights and options, including applications to change an administrative assessment and applications to the court for departure orders where the formula does not produce a fair result. We also assist with private child support agreements.

Domestic Violence Orders and Family Violence

Family violence, including physical, emotional, financial, and coercive control, is a central concern within the family law system and one our practitioners take extremely seriously. We assist clients in applying for protection orders, responding to orders taken out against them, and navigating the intersection between family violence orders and parenting proceedings. Urgent applications can be made and we are available around the clock to assist clients who need immediate help.

De Facto Relationships and Binding Financial Agreements

De facto couples have rights and responsibilities under the Family Law Act 1975 that are broadly equivalent to those of married couples, including in relation to property settlements and spousal maintenance. Our lawyers advise de facto partners on their entitlements, assist in establishing whether a de facto relationship existed for legal purposes, and draft binding financial agreements — including prenuptial and cohabitation agreements — that provide certainty before, during, or after a relationship. Properly drafted agreements can save significant time and cost if a relationship later breaks down.

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Frequently Asked Questions

How long do I have to apply for a property settlement after separation?

If you were married, you have 12 months from the date your divorce order takes effect to apply for a property settlement. If you were in a de facto relationship, you generally have two years from the date of separation. Missing these deadlines means you may need the court's permission to proceed, which is not always granted. It is important to seek legal advice about your property rights as early as possible after separation.

What does the family court consider when making parenting orders?

The Federal Circuit and Family Court of Australia makes parenting orders based on the best interests of the child as the paramount consideration. Relevant factors include each parent's capacity to meet the child's needs, the benefit of the child having a meaningful relationship with both parents, and any risk of harm from family violence or abuse. The court considers the child's own views depending on their age and maturity, and a range of other practical circumstances.

Do I have to go to court to sort out my family law matter?

No — the majority of family law matters are resolved without a court hearing. Parties can negotiate directly, engage in family dispute resolution or mediation, and formalise any agreement through consent orders or a binding financial agreement. Court proceedings become necessary when parties cannot reach agreement, when urgent orders are required, or where there are serious concerns about family violence or child safety. A family lawyer can advise which pathway suits your situation.

What is a binding financial agreement and is it enforceable?

A binding financial agreement (BFA) is a written contract between parties that sets out how property and financial resources will be divided if a relationship breaks down. BFAs can be made before, during, or after a marriage or de facto relationship. For a BFA to be legally binding, strict requirements must be met, including that both parties received independent legal advice before signing. Courts can set aside BFAs in certain circumstances, so quality drafting is essential.

Can I get a divorce without my spouse's agreement?

Yes. In Australia, divorce is no-fault, meaning you do not need your spouse's consent or agreement. The only ground for divorce is irretrievable breakdown of the marriage, evidenced by 12 months of separation. You can apply for divorce individually as a sole applicant. However, if you have children under 18, the court must be satisfied that proper arrangements are in place for them before granting the divorce. A lawyer can guide you through the application process.

What happens if my former partner breaches a parenting order?

Contravening a parenting order is a serious matter under the Family Law Act. If your former partner is not complying with court-ordered parenting arrangements, you may apply to the court for a contravention order. The court can impose a range of consequences including compensatory time with the child, fines, community service, or in serious cases, imprisonment. You should keep detailed records of each breach and seek legal advice promptly before making an application.

How is superannuation treated in a family law property settlement?

Superannuation is treated as property under the Family Law Act and must be considered as part of the overall property pool when negotiating a settlement. Superannuation can be split between parties by agreement or by court order using a superannuation splitting order served on the trustee of the fund. The rules governing superannuation splits are complex and vary depending on the type of fund. Legal and financial advice is strongly recommended before agreeing to any superannuation split.

What is family dispute resolution and do I have to attend?

Family dispute resolution (FDR) is a form of mediation where a qualified practitioner helps separating parties reach agreement on parenting and other issues. In most cases, you are required to make a genuine attempt at FDR before applying to the court for parenting orders — the mediator will issue a section 60I certificate confirming attendance. Exemptions apply where there is family violence, child abuse, or urgency. FDR is not compulsory for property matters, though it is often encouraged as a cost-effective alternative to litigation.

Family Lawyers Australia

Go To Court Lawyers’ dedicated family law specialists will give you practical, clear and timely advice. Our lawyers understand that that you are going through a difficult and upsetting time. They will take some of the pressure off you by providing user-friendly advice and letting you know all your options.

Whether you are going through a divorce or property settlement, negotiating arrangements for care of children, disputing or seeking to enforce a child support assessment, or dealing with a spousal maintenance claim, our supportive team of family lawyers will be there to help you get the outcome you want.

Getting divorced

Australia has a ‘no fault’ divorce system. This means that it is not necessary to establish whose fault the breakdown of a marriage is. A person who has been separated from their spouse for at least 12 months can apply for a divorce if the marriage has broken down irretrievably. The couple can also apply together.

A family lawyer will help you to prepare or respond to a divorce application, locate your spouse, and serve them with the documents.

Read More: Divorce in Australia

Your lawyer will attend court on your behalf and obtain the divorce order.

Divorce Information

Obtaining property orders

When a couple separates, it is often necessary to seek orders setting out how their asset pool is to be divided between the parties. A five-step test is used to determine the entitlements of separating partners.  

A Go To Court family lawyer can help you to negotiate with your ex to try to achieve a favourable property settlement out of court. If this is not possible, your lawyer will take your matter to trial and fight for the best possible outcome.

Property Information

Negotiating parenting arrangements

When a couple separates and there are children who are still under 18, it is usually necessary for the parties to negotiate arrangements for the children’s care. In some cases, this may be able to be done informally; in others, a written agreement will need to be drawn up or orders obtained from the court, either by consent, or after a trial.

Our talented family lawyers will help you to arrive at a parenting arrangement that suits the needs of your children, whether this means negotiating with the other parent, attending mediation or making an application to the Federal Circuit and Family Court of Australia (FCFCA) for parenting orders.

Read More: Children's Court or Family Court

Parenting Arrangements Information

Seeking spousal maintenance

Sometimes at the time of separation, one partner is financially dependent on the other and is unable to support themselves for a particular reason, such as illness or because they have the full-time care of children. In this situation, an application for spousal maintenance may need to be made.

Spousal maintenance is generally paid when there is a significant difference between the incomes of the spouses. It may be paid by agreement between the parties, or after the court has made an order for the payment of spousal maintenance.

If you need to seek spousal maintenance from your ex, contact Go To Court’s family lawyers.

Read More: Spousal Maintenance

Spousal Maintenance Information