Family law in the Australian Capital Territory
How separation, divorce, parenting orders and property settlement work in the Australian Capital Territory, including the Canberra registry of the Federal Circuit and Family Court, ACT family violence orders and free help from Legal Aid ACT.
Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.
Overview
Canberra families use the national family law system. The Family Law Act 1975 governs divorce, arrangements for children, property settlement and spousal maintenance, and ACT cases are heard by the Federal Circuit and Family Court of Australia at its Canberra registry. Cases heard at the court's Wagga Wagga circuit in southern New South Wales are also filed through the Canberra registry or the Commonwealth Courts Portal.
Because the ACT is a territory rather than a state, the Commonwealth did not need a referral of powers to legislate for de facto financial matters. The Family Law Act treats every territory as a participating jurisdiction, so its de facto provisions apply directly to Canberra couples whose relationship broke down on or after 1 March 2009. That means the same kinds of property, maintenance and superannuation splitting orders are available as for married couples. The Domestic Relationships Act 1994 (ACT) remains relevant for some domestic relationships that fall outside the federal definition and for separations that predate the federal provisions, unless both partners agree to use the federal law.
Protection from family violence is territory law. Family violence orders are made by the ACT Magistrates Court under the Family Violence Act 2016 (ACT), with the separate Personal Violence Act 2016 (ACT) covering people who are not family members. There is no court fee to apply, and police can apply for an after-hours order. Family violence orders and parenting orders must be read together: an ACT court making or varying a family violence order can also revive, vary, discharge or suspend the parts of a parenting order that deal with a child spending time with a person. This page is general information for people in the ACT, not legal advice.
Who this is for
- You have separated in Canberra or the surrounding region and need arrangements for the children
- You want to apply for a divorce and are unsure how the Canberra registry works
- You lived with a partner in the ACT without marrying and want a property settlement
- You have a family violence order and parenting orders that appear to conflict
- You work in the public service and need to understand how superannuation is split
- You want to know whether Legal Aid ACT can help with your parenting dispute
- You have reached an agreement and need consent orders drafted for an ACT property transfer
- You live over the border in Queanbeyan, Yass or the Monaro and want to know which court applies
LegislationShowHide
- Family Violence Act 2016 (ACT) (ACT)
The ACT family violence law. It allows an affected person, or police, to apply to the ACT Magistrates Court for a family violence order, provides for after-hours orders on police application, and makes contravening an order a criminal offence.
- Personal Violence Act 2016 (ACT) (ACT)
Covers personal protection orders and workplace protection orders for personal violence that is not family violence, for example between neighbours, colleagues or acquaintances. Applications go to the ACT Magistrates Court, where the same Family and Personal Violence Unit handles family violence orders.
- Domestic Relationships Act 1994 (ACT) (ACT)
The territory scheme for adjusting property between people in a domestic relationship, with its own two-year time limit after the relationship ends. It remains relevant for relationships outside the federal de facto definition and for separations that predate the federal de facto provisions.
- Family Law Act 1975 (Cth) (CTH)
The national Act applied in the ACT for divorce, parenting orders, property settlement, superannuation splitting and spousal maintenance, including the parenting reforms from 6 May 2024 and the property reforms from 10 June 2025.
- Family Law Amendment Act 2023 (Cth) (CTH)
From 6 May 2024 removed the presumption of equal shared parental responsibility, introduced a shorter list of factors about a child's interests, and added specific considerations for Aboriginal and Torres Strait Islander children.
- Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (CTH)
The procedural rules for ACT family law cases, including the pre-action procedures in Schedule 1, disclosure, service, subpoenas and the appointment of a single jointly instructed witness such as a valuer.
Courts and tribunalsShowHide
- Federal Circuit and Family Court of Australia - Canberra registry
The family law registry for the Australian Capital Territory, dealing with divorce, parenting and property matters. Cases listed at the Wagga Wagga circuit are filed through the Canberra registry, and Legal Aid ACT duty lawyers and the Family Advocacy and Support Service work on the ground floor.
- ACT Magistrates Court - family violence orders
Hears applications for family violence orders and personal protection orders, makes interim and final orders, and deals with contraventions. There is no court fee to apply for a family violence order.
- ACT Magistrates Court - protection order forms and booklets
Links to the application forms for family violence, personal protection and workplace protection orders, booklets explaining each court event in a family violence order application, and the court's Family and Personal Violence Protection Unit on (02) 6205 4939.
- ACT Childrens Court
Deals with care and protection applications under the Children and Young People Act 2008 (ACT), which can run alongside or affect a family law parenting case.
- Legal Aid ACT
Provides free family law information sessions, duty lawyers, family dispute resolution conferences and grants of aid, and runs the Family Advocacy and Support Service at the Canberra registry.
- Commonwealth Courts Portal
Where ACT parties eFile applications, pay filing fees and view their orders and court dates.
ProcessShowHide
01Deal with safety and get help early
If you are in danger, call police on 000 (or 131 444 for police assistance). Ask the ACT Magistrates Court about a family violence order, and call Legal Aid ACT on 1300 654 314. Note your date of separation and gather financial documents.
Typical timeframe: As early as possible
02Family dispute resolution
Attend family dispute resolution through a Family Relationship Centre, Legal Aid ACT or a private accredited practitioner, and obtain a section 60I certificate for parenting matters. Follow the pre-action procedures in financial matters.
Typical timeframe: Varies; a section 60I certificate is valid for 12 months
03Record any agreement
Put parenting arrangements in a parenting plan, or file an Application for Consent Orders so that parenting and financial terms become enforceable court orders. If the orders split superannuation, the fund trustee must be sent written notice at least 28 days before you file.
Typical timeframe: Varies; allow at least 28 days for trustee notice where superannuation is split
04File in the Canberra registry
eFile an Initiating Application through the Commonwealth Courts Portal with your affidavit and, for parenting orders, the Notice of child abuse, family violence or risk and a section 60I certificate or exemption affidavit. Parenting applications filed in the Canberra registry lead to an emailed invitation to complete the court's Lighthouse risk screen.
Typical timeframe: When you are ready to file
05First court event and interim orders
The first court event is a directions hearing before a registrar, who makes orders to prepare the case for dispute resolution. Interim applications are usually heard after that by a Senior Judicial Registrar or a judge. High-risk parenting cases may be placed on the Evatt List.
Typical timeframe: Court target: 1-2 months after filing
06Subpoenas, reports and dispute resolution
Subpoenas may issue to ACT Policing, schools, health services and Child and Youth Protection Services, the Court Children's Service may prepare a Child Impact Report, and the parties take part in dispute resolution such as a conciliation conference in financial matters.
Typical timeframe: Court target: dispute resolution within 5 months of filing
07Compliance and readiness hearing, then trial
A judge checks that disclosure and trial documents are complete and gives trial directions and dates, before the matter is listed for final hearing before a judge.
Typical timeframe: Court targets: readiness hearing about 6 months, and final hearing within 12 months, after filing where possible
Parties
Applicant
The person who files the divorce, parenting or financial application in the Canberra registry.
Respondent
The former spouse or de facto partner who responds to the application.
Independent Children's Lawyer
A lawyer the court appoints to represent the child's interests. The role is often funded under a legal aid scheme, in the ACT through Legal Aid ACT, but the court can order the parents to contribute to the cost.
Family consultant
A psychologist or social worker from the court's Court Children's Service, or a panel family consultant, who meets the family and prepares a Child Impact Report or a final hearing report.
Affected person and respondent in family violence order proceedings
The ACT terms for the person protected by a family violence order and the person the order is made against.
Child and Youth Protection Services
The ACT child protection service under the Children and Young People Act 2008 (ACT). It may be subpoenaed for its records in a family law case and can take its own care and protection action in the ACT Childrens Court.
Time limits
These are general time limits described in prose. This page does not calculate a deadline for your matter.
Applying for a divorce
You must have been separated for at least 12 months before filing. The court's divorce guide puts this as 12 months and one day.
Source: Family Law Act 1975 (Cth), s 48(2); Federal Circuit and Family Court of Australia, Applying for divorce
Property settlement or spousal maintenance after divorce
Generally within 12 months of the divorce order taking effect, unless both parties consent or the court grants leave.
Source: Family Law Act 1975 (Cth), s 44(3)
De facto property or maintenance
Generally within two years of the end of the de facto relationship, unless both parties consent or the court grants leave.
Source: Family Law Act 1975 (Cth), s 44(5)-(6)
Section 60I certificate
Valid for 12 months from the date it is issued.
Source: Federal Circuit and Family Court of Australia, Compulsory pre-filing Family Dispute Resolution
ACT family violence orders
A final order lasts 2 years unless the court sets a shorter period, or a longer one in special or exceptional circumstances. An application to extend a final order must be made before the order ends. A general interim order cannot last more than 12 months, plus any extension for non-service. If the respondent is charged with a related criminal offence, the interim order becomes a special interim order, which generally stays in place until those charges are finalised and the court decides the application for a final order. A police after-hours order lasts until close of business on the second business day after it is made, unless it ends sooner.
Source: Family Violence Act 2016 (ACT), ss 24, 26, 30, 31, 35, 83(4), 86 and 106; ACT Magistrates Court, Family violence orders FAQ
Contravention applications
Applications accepted for filing get a first court date as near as practicable to 14 days after filing in the National Contravention List.
Source: Federal Circuit and Family Court of Australia, National Contravention List
Costs and helpShowHide
Family law court fees in the ACT are Commonwealth fees set by the Family Law (Fees) Regulations 2022 and increased each 1 July. From 1 July 2026 an application for divorce is $1,170, or $390 at the reduced rate. The reduced rate is available to primary holders of certain government concession cards, people granted legal aid, people receiving Youth Allowance, Austudy or ABSTUDY, people under 18, people in prison or legally detained, and people who can show financial hardship; for a joint application both parties must qualify. An Application for Consent Orders is $215. An Initiating Application seeking final parenting or financial orders is $455, or $740 if it seeks both, with $155 added if it also asks for interim orders. An interim application on its own is $155, a subpoena is $70 and a conciliation conference is $510. You can apply for an exemption from other fees in some cases. There is no court fee to apply for a family violence order in the ACT Magistrates Court. Each party usually pays their own legal costs in family law, though the court can order otherwise where it considers that justified, and not following the court's rules and directions can lead to costs orders. Ask for a written costs agreement and updated estimates.
Runs a helpline on 1300 654 314, offers free one-off assistance in many areas of law whatever your income, holds free family law information sessions for people going through or considering separation, and provides duty lawyers and family dispute resolution conferences. Grants of aid for ongoing help are assessed with a means and merits test, and you may be asked to pay a contribution.
- Legal Aid ACT family law
What Legal Aid ACT can help with in family law disputes, including parenting cases, limited help with property proceedings and urgent applications, plus free information sessions and factsheets. It does not help with property recoveries or child support, but may refer you to services that do.
- ACT Magistrates Court family violence orders
How to apply for a family violence order in the ACT, what happens at each court event and how orders are enforced.
- Family Relationships Online
Find a Family Relationship Centre, dispute resolution or counselling service near you, or call the national family relationships phone line on 1800 050 321.
- Family law: find a lawyer, Federal Circuit and Family Court
The court's guide to finding legal help from legal aid offices, community legal centres and private law firms, with contact details for the Family Advocacy and Support Service in each state and territory.
Where to get help
- Legal Aid ACT
Free legal help on 1300 654 314, one-off assistance, duty lawyers and means and merits tested grants of aid.
- Legal Aid ACT family law
Family law information sessions, factsheets and help with parenting cases and limited help with property proceedings. Legal Aid ACT does not help with property recoveries or child support.
- ACT Magistrates Court family violence orders
How to apply for a family violence order in the ACT and what happens at each stage.
- Federal Circuit and Family Court - Canberra registry
Location, contact details and services at the Canberra family law registry.
- Family Relationships Online
Find a Family Relationship Centre, dispute resolution or counselling near you, or call the national family relationships phone line on 1800 050 321.
- 1800RESPECT
National 24-hour counselling and support line on 1800 737 732 for people affected by family or sexual violence.
Practical guidanceShowHide
How does living on the ACT and NSW border affect your case?
Canberra families frequently live, work and school across the border. Family law itself is national, so it makes no difference to your parenting or property rights whether you live in Gungahlin or Queanbeyan. What does change is which court deals with family violence and which police service responds. An ACT family violence order is made under the Family Violence Act 2016 (ACT) by the ACT Magistrates Court, while a NSW apprehended domestic violence order is made under NSW law by the Local Court. Domestic and family violence orders made on or after 25 November 2017 are automatically recognised and enforceable across Australia, and older orders can be declared recognised. Personal protection orders are not automatically recognised. An ACT court can be asked to change a recognised NSW order, but it may decide not to hear the application, for example where the parties live and work in NSW, so get legal help about where to apply. Cases heard at the Federal Circuit and Family Court's Wagga Wagga circuit are filed through the Canberra registry, so check where your matter is listed before making travel arrangements.
How do ACT family violence orders and parenting orders work together?
A family violence order made by the ACT Magistrates Court restricts what the respondent may do; it does not decide where children live or how they spend time with each parent. Where the two conflict, section 68R of the Family Law Act allows an ACT court that is making or varying a family violence order to revive, vary, discharge or suspend a parenting order, but only the parts that deal with a child spending time with a person. The court needs material that was not before the court that made the parenting order, and it cannot discharge a parenting order when it is only making an interim family violence order. If you have parenting orders, tell the Magistrates Court about them, and get legal help before the hearing about how the two sets of orders fit together. In the family law system you must tell the court about any existing or pending family violence order, and parenting applications must include a Notice of child abuse, family violence or risk. The ACT Magistrates Court publishes booklets explaining each court event in a family violence order application, which are worth reading before you attend. Breaching a family violence order is a criminal offence. Under section 68Q, a later family law order about time with a child can override an inconsistent family violence order to that extent, but whether two orders truly conflict is often unclear, so get legal help before relying on either.
How is Commonwealth superannuation split in a Canberra settlement?
If you or your former partner work or worked in the Commonwealth or ACT public sector, one of you may have an interest in a public sector scheme, which can be more complicated to value and split than an ordinary accumulation account. Defined benefit interests are valued using the methods and factors in the Family Law (Superannuation) Regulations 2025, or methods the Attorney-General has approved for a particular scheme, rather than simply the account balance, and specialist valuation may be needed. To get information from the fund, use the court's Superannuation Information Kit: a Form 6 Declaration and a Superannuation Information Request Form. The trustee must be told about any splitting order you seek and given the chance to object. In a court case you serve the trustee with a sealed copy of your application straight after filing, and for consent orders you give the trustee written notice of the proposed orders at least 28 days before filing. The form of the order has to match what the fund can administer, so have a practitioner check the wording with the fund before you file. Getting this wrong can mean an order that the trustee cannot implement.
What free help is available in the ACT?
Legal Aid ACT is the main entry point, with a helpline on 1300 654 314 and free one-off assistance in many areas of law, whatever your income. It runs free family law information sessions for people going through or considering separation, publishes factsheets, provides duty lawyers at the Federal Circuit and Family Court and the ACT Magistrates Court, and runs family dispute resolution conferences that can end with a section 60I certificate. It also runs the Family Advocacy and Support Service at the Canberra registry, which combines legal help with social support for people affected by family violence. Grants of aid for ongoing representation are assessed with a means and merits test, and you may be asked to pay a contribution. Canberra also has community legal centres, including the Women's Legal Centre ACT. Family Relationship Centres offer free information and individual sessions and up to one hour of joint family dispute resolution free of charge. The court's own guide to finding legal help lists the options.
Do the federal de facto rules apply automatically in the ACT?
Yes. The states had to refer their de facto financial powers to the Commonwealth, but the ACT is a territory, so the Commonwealth could legislate directly, and the Family Law Act lists every territory as a participating jurisdiction. The Family Law Act's de facto provisions apply to Canberra couples whose relationship broke down on or after 1 March 2009, giving access to the same kinds of property adjustment, maintenance and superannuation splitting orders as for married couples, with a two year time limit from the end of the relationship. To apply, you generally need a relationship of at least two years, a child of the relationship, a registered relationship, or substantial contributions by you where refusing an order would cause you serious injustice. If your relationship ended before 1 March 2009, you can only use the federal law if you both agree. The territory's Domestic Relationships Act 1994 still matters at the edges, for relationships that fall outside the federal definition and for separations that predate the federal provisions. If your relationship was unusual in form or ended long ago, check which scheme applies before you start.
How do you prepare for a property settlement in Canberra?
Build a balance sheet of everything owned and owed, in either name or jointly, with superannuation listed separately. In the ACT that means a market appraisal or valuation for real property, noting that land in the territory is held under Crown leases, the ACT's leasehold system, rather than freehold. You will also need current mortgage and credit statements, superannuation member statements including any defined benefit interest, and financial statements for any business, consultancy or trust. How a transfer is documented matters: the ACT Revenue Office does not charge conveyance duty on a transfer made under a Family Law Act court order, and a transfer under a binding financial agreement can also be exempt if it meets the office's conditions. Since 10 June 2025 the economic effect of family violence must be considered where relevant, and economic or financial abuse is expressly within the definition of family violence. Your duty of disclosure now sits in the Family Law Act itself and continues from the start of a case until it is finalised.
Checklist
- Marriage certificate, or evidence of the de facto relationship such as leases, joint accounts and photographs
- A written note of the date and circumstances of separation
- Any family violence order, personal protection order or related police documents
- Section 60I certificate or an affidavit seeking an exemption
- Existing parenting plans, consent orders or court orders
- Your three most recent tax returns and notices of assessment
- Twelve months of statements for all bank accounts, loans and credit cards
- Superannuation member statements, including details of any defined benefit interest
- Crown lease or title details, rates notice, mortgage statement and appraisal or valuation for any ACT property
- Business, consultancy or trust financial statements
- Centrelink and child support statements
- A proposed parenting schedule covering school terms, holidays and special days
Common questions
Where do Canberra family law cases get heard?
At the Canberra registry of the Federal Circuit and Family Court of Australia, which handles divorce, parenting and property matters for the ACT. Cases heard at the court's Wagga Wagga circuit are also filed through Canberra. Most applications are filed electronically through the Commonwealth Courts Portal, and documents that cannot be eFiled can be emailed to the registry. Divorce hearings are conducted electronically, and the court can discuss other ways to attend if you are worried about your safety. Family violence orders are dealt with separately, by the ACT Magistrates Court.
I live in Queanbeyan but work in Canberra. Which family violence order do I apply for?
A family violence order under the Family Violence Act 2016 (ACT) is made by the ACT Magistrates Court, while an apprehended domestic violence order is made under NSW law by the NSW Local Court. Which one suits you depends on things like where you, the other person and any children live and where the conduct happened, so get legal help, for example from Legal Aid ACT on 1300 654 314, before you apply. Orders made in either place on or after 25 November 2017 are automatically recognised and enforceable across Australia. A court can be asked to change an order made in the other jurisdiction, but it may decline and leave it to the court that made the order.
Do de facto couples in the ACT have the same property rights as married couples?
In substance, yes. Because the ACT is a territory, the Family Law Act's de facto provisions apply directly, without needing a referral of powers. If your relationship broke down on or after 1 March 2009, property adjustment, maintenance and superannuation splitting are decided under the same provisions that apply to married couples. The main difference is the deadline: two years from the end of the relationship, rather than 12 months from a divorce order taking effect.
How is a Commonwealth defined benefit superannuation interest divided?
Usually by a splitting order or agreement based on a value worked out under the methods and factors in the Family Law (Superannuation) Regulations 2025, or methods approved for that scheme, rather than an account balance, because a defined benefit interest is a future entitlement rather than a pot of money. Valuation can be complex and may need a specialist. The trustee must be told about the orders sought and given the chance to object, and the wording must be something the fund can administer, so have the fund check a draft order before filing.
What is the Family Advocacy and Support Service?
It is a free service at family law registries, run in the ACT by Legal Aid ACT, that combines duty legal assistance with social support for families with a family law matter where someone has experienced, used or is accused of using family violence. Support workers can help with safety planning, court support and referrals to counselling, financial help, accommodation and other services, while duty lawyers can give on-the-day help at court. You do not need an appointment. Contact Legal Aid ACT on 1300 654 314 or email fass@legalaidact.org.au.
Do we have to try mediation before applying for parenting orders?
Usually yes. You must attempt family dispute resolution with an accredited practitioner and file a section 60I certificate, which is valid for 12 months. Family Relationship Centres, Legal Aid ACT's family dispute resolution conferences and private accredited practitioners can provide it. Exemptions apply where there has been family violence or child abuse or a risk of it, where the matter is urgent, where a party cannot participate effectively, or in some contravention cases, and are sought by filing an affidavit explaining the circumstances. If a registrar refuses the exemption, the parenting application will not be accepted for filing.
How long does a divorce take in the ACT?
When you file, you choose a hearing date from the next available dates, which cannot be brought forward. Once the court makes a divorce order, it takes effect one month and one day later unless the court shortens that time. Divorce hearings are conducted electronically, and you only need to attend in some situations, such as some sole applications where there are children under 18, when the other party opposes the divorce, or when you need an order about service. The court's divorce page lists when you must attend. Extra steps and time are needed if you cannot serve a sole application, do not have your marriage certificate, or were separated while still living in the same home.
Sources
- Family Violence Act 2016, ACT Legislation Register (accessed 8 Nov 2026)
- Personal Violence Act 2016, ACT Legislation Register (accessed 8 Nov 2026)
- Domestic Relationships Act 1994, ACT Legislation Register (accessed 8 Nov 2026)
- Family Law Act 1975, Federal Register of Legislation (accessed 8 Nov 2026)
- Family violence orders, ACT Magistrates Court (accessed 8 Nov 2026)
- Family violence orders FAQ, ACT Magistrates Court (accessed 8 Nov 2026)
- Family Violence, Personal Violence and Workplace Protection Orders, ACT Magistrates Court (accessed 8 Nov 2026)
- Forms for Protection and Family Violence Orders, ACT Courts (accessed 8 Nov 2026)
- National Recognition of Domestic (Family) Violence Orders, ACT Magistrates Court (accessed 8 Nov 2026)
- Childrens Court, ACT Magistrates Court (accessed 8 Nov 2026)
- Legal Aid ACT (accessed 8 Nov 2026)
- Legal help for family law disputes, Legal Aid ACT (accessed 8 Nov 2026)
- Get legal help at Court, Legal Aid ACT (accessed 8 Nov 2026)
- Apply for a grant of Legal Aid, Legal Aid ACT (accessed 8 Nov 2026)
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- Canberra registry, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- Wagga Wagga, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
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- Family law fees, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
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- Lighthouse, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- Evatt list, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
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- Notice of child abuse, family violence or risk, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- Family law changes from 6 May 2024, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
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- Family law and superannuation, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- How do I apply for consent orders, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- Independent Children's Lawyer, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
- Court Children's Service, Federal Circuit and Family Court of Australia (accessed 8 Nov 2026)
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- Valuing superannuation interests: defined benefit interests, Attorney-General's Department (accessed 8 Nov 2026)
- National Domestic Violence Order Scheme, Attorney-General's Department (accessed 8 Nov 2026)
- Matrimonial transfers, ACT Revenue Office (accessed 8 Nov 2026)
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