Family law questions, answered

You apply to the Federal Circuit and Family Court of Australia, online through the Commonwealth Courts Portal, either on your own or jointly with your spouse. The court needs to see that the marriage has broken down, which you show by 12 months of separation.

Once you have been separated for at least 12 months. If you have been married for less than two years, you also need a counselling certificate or the court's permission.

Yes. You can separate and still live in the same home, but the court will want extra evidence, usually a statement from a friend or family member, that you were living separate lives.

Usually a few months from filing to the court hearing. The divorce then takes effect one month after the order is made.

There is a court filing fee, reduced for some people who hold a concession card or face financial hardship, plus legal fees if you use a lawyer. A joint application with no complications costs the least.

Not always. Many divorces are simple. A lawyer helps if you separated under one roof, cannot find or serve your spouse, or disagree about the date you separated.

Make sure you and your children are safe, write down the date you separated, gather your financial documents, and get advice before you sign or agree to anything.

No. A divorce only ends the marriage. Property, money and parenting arrangements are dealt with separately, and the deadline for a property claim starts once the divorce takes effect.

Almost anything of value held by either of you, together or separately: homes, cars, savings, shares, businesses, interests in trusts and superannuation. Debts are counted too.

Not automatically. The court looks at what you both have, what each of you contributed, financial and non-financial including caring for children, and each person's future needs. The result has to be just and equitable.

Yes. Married couples have 12 months from the date the divorce takes effect. De facto couples have two years from the date they separated. After that you need the court's permission.

Yes. Super is treated as property and can be split between you by court order or agreement. Your fund then carries out the split.

You don't have to, but you should. An informal split can be reopened years later. Consent orders or a binding financial agreement make it final.

Consent orders are approved by the court, usually without you attending. A binding financial agreement is a private contract, and each of you must get independent legal advice before signing for it to be binding.

Most cases still settle, through negotiation or mediation. If they don't, you can apply to the court, which will expect you to keep trying to resolve it along the way.

Yes. Both of you must give full and frank disclosure of your finances, such as bank statements, tax returns and superannuation statements.

Ideally, you and the other parent, by agreement. If you can't agree, the court decides based on what is in the children's best interests. There is no rule that children spend equal time with each parent.

It is not required, but it helps. A parenting plan is a signed written agreement but can't be enforced. Consent orders, approved by the court, can.

In most cases, yes. You need to attempt family dispute resolution and get a section 60I certificate before you apply, unless there is family violence, child abuse or real urgency.

The children's safety first, then their needs, their views, their relationships with each parent and other important people, and each parent's ability to care for them.

There is no set age. The court considers a child's views and gives them more weight as the child grows older and more mature, usually through a family report.

Get the other parent's written consent or a court order first. If there are parenting orders or court proceedings, taking a child overseas without consent can be a criminal offence.

A lawyer the court appoints in some cases to represent the children's best interests. They don't act for either parent.

Yes. You can agree to new consent orders, or apply to the court. The court will usually only reopen final orders if there has been a significant change in circumstances.

Services Australia works it out with a formula that uses both parents' incomes, the number and ages of the children, and how many nights each parent cares for them.

Both parents, whether or not they were married or lived together.

Yes, with a limited or a binding child support agreement. A binding agreement needs each of you to get independent legal advice first.

Everyday costs such as food, clothing and housing. Extras such as private school fees or medical costs are often agreed separately.

A Victorian court order that protects a person from family violence by limiting what the other person can do, such as contacting them or coming near their home.

The police can apply for you, or you can apply to the Magistrates' Court of Victoria. If you are in immediate danger, call 000.

You can consent to an order without admitting the allegations, but you must still follow every condition. Breaching an order is a criminal offence.

Yes. The court must consider family violence in parenting cases, and it can also take into account the economic effects of family violence when dividing property.

Most family lawyers charge by the hour, so the cost depends on how complex your matter is and how quickly you reach agreement. We give you an estimate at the start and itemised accounts as your matter goes.

Yes. Your first 30-minute appointment with us is free, so you can understand where you stand before you decide anything.

Sometimes. Our directors consider each request. It needs enough security for payment, and an uplift applies to the fees paid at the end.

Ask about their experience with matters like yours, how they charge, who will do the work, and how often you will hear from them.

Yes, at any stage. Your new lawyer will ask your old lawyer to transfer the file, and you will need to settle or arrange any outstanding fees.