To find out more about this area of law, please see our legal questions and answers on this topic below, or click here to see our complete list of Legal Questions & Answers.


What can I do if my partner is not complying with an existing parenting order?
Your remedy is to file a Contravention Application with the Family Court. You will receive a Hearing date from the Court and the Orders will likely be enforced on that date.

How are children given a “voice” in Family Court proceedings and how are their interests protected?
A “Separate Representative” or “Child Representative” can be appointed as an independent legal representative for the children. The Separate Representative provides unbiased and objective representation for the child. The court may make an order for separate representation on its own initiative or either party can apply to have a separate representative appointed. We can provide you with advice and assistance regarding parenting orders.

I have separated from my husband, we would like to resolve the situation amicably and we do not wish to incur the costs and delay of the Court system. What other options are available to us?
In most situations an out-of-court settlement is a lot cheaper and quicker way to resolve Family Law disputes. Settlement discussions can take place directly between the parties or through legal representatives. Parties need to be realistic and practical in settling their issues – considering both the financial and non-financial issues. We recommend getting legal advice before discussing settlement and having any agreement lodged with the court.

What matters do the Family Court take into account when deciding how matrimonial property should be divided?
In property matters the Family Court has to take a number of considerations into account including the financial and non-financial (domestic) contributions made by each of the parties to the acquisition, maintenance and preservation of the assets of the marriage and the financial needs and resources of each of the parties in the future.

What is the main factor that the Family Court must consider when deciding children's issues?
When deciding children's issues, such as whom they are to live with and what contact they are to have with their other parent, the Family Court must take into consideration what is in the best interests of the child or, in the words of the Family Law Act "the welfare of the child is the paramount consideration".

Can I protect my assets in a divorce?
Absolute protection is impossible, but your position can be improved by entering into a Financial Agreement (also known as a pre-nuptial agreement). Financial Agreements can be made before or during marriage or following separation or divorce. A Financial Agreement sets out the agreement between you and your spouse regarding how your assets will be divided if your relationship ends. Both parties should obtain legal advice before signing a Financial Agreement.

How do I commence court proceedings for parenting (custody) and property Issues?
We always suggest to try and resolve the issue amicably between you, otherwise proceedings are commenced in either the Family Court or the Federal Magistrates Court by filing an Application for Final Orders. A Form 13 Financial Statement also needs to be filed for Property issues.

My partner and I have agreed on how we want to divide our assets and how to look after our children. We have written it down, do we have to file anything with court?
Yes. Even if you have come to an agreement you should file Consent Orders at court in relation to both property and/or parenting. Once the court approves the Orders, they are enforceable. If arguments come up later or communication deteriorates, the Orders are a good reference point for all parties.