Family law in Australia

No. You can settle property at any time after separation, and most people do so long before a divorce order. Divorce matters mainly because of the deadline it creates. Once a divorce order takes effect, you generally have 12 months to apply for a property settlement or spousal maintenance under section 44(3) of the Family Law Act. If you were in a de facto relationship, the two year limit runs from the end of the relationship instead. Applications outside those periods need either the consent of both parties or the court's permission, which is called leave.

No. There is no presumption of equal division. The court identifies the property, liabilities and superannuation, considers whether it is just and equitable to make any order, assesses financial and non-financial contributions including as homemaker and parent, and then looks at each person's current and future circumstances such as age, health, income, earning capacity and care of children. Since 10 June 2025 the economic effect of family violence must also be considered where relevant. Outcomes range widely, and the same asset pool can be divided very differently depending on the facts.

A de facto relationship exists where two people who are not married or related live together on a genuine domestic basis. The court looks at the whole picture, including how long you were together, whether you lived in the same home, financial interdependence, a sexual relationship, care of children, public reputation and commitment to a shared life. For a property or maintenance order the court generally needs a relationship of at least two years, a child of the relationship, substantial contributions where serious injustice would otherwise result, or a relationship registered under a state or territory law. Same-sex and opposite-sex de facto couples are treated identically.

Children do not decide, but their views must be considered. Since May 2024, the child's views are one of the factors the court must weigh in deciding what is in their interests, along with safety, developmental and cultural needs and the capacity of each carer. How much weight those views carry depends on the circumstances, including the child's age and maturity. Views are usually conveyed through a family consultant, a family report writer or an Independent Children's Lawyer rather than by the child giving evidence.

Not unilaterally if there are court orders, and not safely without agreement even if there are none. Relocation cases are decided on the same test about the child's interests, weighing the benefit to the child of a meaningful relationship with both parents against the reasons for the move, the practical realities of travel and cost, and the effect on the parent proposing to relocate. If you believe a move is imminent, get urgent legal help, because the court can make orders restraining relocation and, where there is a risk of a child being taken overseas, orders placing the child on the Family Law Watchlist.

It is a certificate from an accredited family dispute resolution practitioner confirming that you attempted mediation about parenting arrangements or that mediation was not appropriate. You must file one with an application for parenting orders, and it is valid for 12 months. Exemptions are available in defined circumstances, including where there has been family violence or child abuse or a risk of it, where the matter is urgent, where one party is unable to participate effectively, or where the application concerns a contravention in some situations. You apply for an exemption by filing an affidavit explaining why.

Superannuation is treated as property under the Family Law Act and can be split by court order or by a binding financial agreement, though it usually stays in the superannuation system until the receiving party meets a condition of release. You obtain a valuation, using a Form 6 request to the trustee where needed, and the trustee must be given the opportunity to object before a splitting order is made. Since 28 September 2022 separating de facto couples in Western Australia can also split superannuation, which was not previously possible in that state.

You can file an Application - Contravention in the National Contravention List. You will need the sealed orders, an affidavit setting out each alleged breach, evidence the other party knew about the orders, and usually a section 60I certificate. Accepted applications are listed as near as practicable to 14 days after filing. If a breach is proved without reasonable excuse, the court can order make-up time, vary the orders, require attendance at a post-separation parenting program, make costs orders, require a bond or impose a fine, and in the most serious cases imprison the person. Filing a hopeless application can attract a costs order against you.

Many people complete a divorce and simple consent orders without a lawyer, using the court's online forms and free help from legal aid, community legal centres and the national family relationships helpline. Help becomes much more valuable where there is family violence, a business, a trust, an inheritance, a self-managed superannuation fund, an interstate or overseas element, complex parenting risk, or where the other party is not disclosing. Even a single appointment with a lawyer before you negotiate is usually money well spent, because it tells you the range of realistic outcomes.

Almost. The Family Law Act applies nationally, but Western Australia has its own Family Court of Western Australia and applies the Family Court Act 1997 (WA) to de facto financial matters and to children of parents who were never married. Family violence orders are made under state and territory law and are called different things in each place. Legal aid eligibility and grant guidelines, dispute resolution services, Family Relationship Centres, court registries and local practices also differ, which is why each state page in this guide sets out the local position.