Family Law

In disputes regarding the distribution of marital assets, Australian courts assess various factors including the valuation of property owned by each party prior to the marriage, the length of the marriage, whether children were born during the marriage, and which party will primarily care for the children after separation. Therefore, it is difficult to determine the potential distribution of assets in future disputes based solely on simple verbal evidence in the early stages of marriage. However, through a binding property agreement, both parties can better protect the independence of their assets and establish a clear method for property distribution, effectively preventing potential disputes.

The Federal Circuit and Family Court of Australia (FCFCOA) has jurisdiction over marriage dissolution (i.e., divorce) cases. When submitting a divorce application, it is sufficient for one party to meet at least one of the following conditions: Be an Australian citizen; Be a permanent resident of Australia; Have their habitual residence in Australia and have resided in Australia continuously for the past 12 months at the time of submitting the application.

Under the Family Law Act 1975 (Cth), the sole requirement for filing for divorce is that the marriage has irretrievably broken down. You must provide sufficient evidence to prove that you and your spouse have been separated for at least 12 months before filing and that there is no possibility of reconciling. It is important to note that "separation" is used to demonstrate the intention to end the marriage, but it does not require one party to move out of the shared residence. This situation is known as "Separation under the same roof." If you continue to live in the same residence after separation, both parties must submit an affidavit to the court confirming that, whether internally or externally, they no longer act as a married couple. If one party cannot submit an affidavit, a third-party witness statement will be required to prove the breakdown of the relationship. The witness must be at least 18 years old and familiar with your marital situation and separation facts, such as friends, neighbors, or colleagues. Additionally, the Family Law Act requires that if the divorce application is made within two years of marriage, the parties must first attend mediation with the assistance of a family law advisor and provide proof of mediation to the court. If mediation is not possible due to special circumstances, this must be explained in the affidavit, and court approval must be sought.

Parenting orders in Australian courts cover: Which parent the child will live with; The time the child will spend with the other parent (or other significant individuals); How parental responsibilities will be shared; How parents will communicate regarding issues related to the child; and How disputes concerning these matters will be resolved.

In Queensland, you must publicly declare your intention to apply for probate to ensure fairness. The executor must apply to the Supreme Court's Probate Registry and submit the relevant legal documents to apply for probate. Any person who believes they have an interest in the estate can file an objection with the court within the prescribed time frame. If there is evidence of entitlement to the estate, the court will resolve the dispute and issue probate once the matter is settled. The probate application process is complex, and it is advisable to hire a lawyer to assist in smoothly inheriting the estate.

Once the police receive a report of domestic violence, they typically respond by attending the scene and may take the parties to the police station for questioning and record statements. If domestic violence is confirmed, the police usually issue a Police Protection Notice to the perpetrator, prohibiting them from causing further harm to the victim. In severe cases, additional restrictions may be applied to limit contact between the perpetrator and the victim. The police will assess the case and determine whether criminal charges should be pursued. After issuing a Police Protection Notice, the court will hear the domestic violence case. Typically, the police will apply for a Protection Order on behalf of the victim (though the victim may also apply independently). The judge will decide whether to grant the protection order based on the circumstances of the case.

In Australia, if you require a Divorce Order (that is, formal proof of divorce), the process depends on the date of your divorce. If your divorce occurred after February 2010, you can directly download the sealed Divorce Order with an electronic court seal from the Commonwealth Courts Portal.

1. You may obtain your Divorce Order online through the Commonwealth Courts Portal.
2. The Divorce Order becomes available after the divorce takes effect, which is usually one month and one day after the divorce hearing.
3. The Divorce Order is an electronic documentwith an electronic seal and electronic signature. This is the only valid form issued by the Court.
4. There is no additional fee to download the Divorce Order.

1. The Divorce Order is the only formal document proving that your marriage has been legally dissolved.
2. It is usually required when applying for remarriage, dealing with property settlement matters, or addressing immigration-related issues.

In Australia, the only legal ground for divorce is that the marriage has irretrievably broken down, which must be demonstrated by a minimum 12-month separation period.

1. Eligibility Requirements
   1. You and your spouse must have been separated for at least 12 months.
   2. If you have continued living under the same roof, separation can still be established if you can prove that the marital relationship has ended in fact.
   3. At least one party must be an Australian citizen, hold a permanent residency visa, or ordinarily reside in Australia.
2. Application Process
   1. All divorce applications must be submitted online viathe Commonwealth Courts Portal.
   2. You will need to prepare your marriage certificate, evidence of separation, and other supporting documentation.
   3. Once filed, the Court will list the matter for a hearing. Divorce generally becomes effective one month and one day after the hearing.
3. Professional Advice
   1. Before deciding to apply for divorce, it is prudent to consult a solicitor.
   2. A solicitorcan assist in assessing your eligibility, preparing documentation, and advising you on related issues such as property settlement and parenting arrangements.
   3. Many clients obtain legal advice before discussing divorce with their spouse to avoid legal and financial risks.

If you have been served with an Application for Divorce, it means your spouse has lodged an application with the Court, and the documents have been formally served on you. In a sole application, your spouse is the applicant, and you are the respondent.

1. Read the Documents Carefully
   1. Review the divorce application thoroughly and ensure the facts stated are accurate.
   2. Check dates, separation details, and any references to children.
2. Acknowledge Service
   1. You must confirm with the Court that you have received the documents (known as Acknowledgment of Service).
   2. This is important, as the Court may proceed without your input if no response is filed.
3. If You Disagree With the Application
   1. If you dispute any facts or oppose the divorce, you may file a Response to Divorce.
   2. In that response, you may explain why you disagree, such as disputing the separation period or raising procedural issues.
   3. Note that Australia followsa no-fault divorce system, so objecting to the divorce itself rarely prevents the divorce from being granted.

In most cases, parties are not required to attend the divorce hearing. However, attendance may be required in the following circumstances:

1. Sole application with minor children: If you file a sole applicationand there are children under 18, attendance is mandatory.
2. If you requested attendance: If you selected the option indicating you wish to attend, the Court will schedule your appearance.
3. If either party objects: If one party objects to the divorce being heard in their absence, attendance is required.
4. If a Response to Divorce is filed opposing the divorce: If the respondent files a Response to Divorceopposing the application, you must attend.
5. Where service issues exist: If you apply for Substituted Serviceor Dispensation of Service, you must attend.

• Divorce hearings in Australia are typically conducted remotely, often by telephone.
• You do not need to physically attend the Court.
• Hearing details are published the day before the listing on the Commonwealth Courts Portal and the Court’s daily list.

In Australia, divorce documents must be served on the other party. If, after taking all reasonable steps, you are unable to locate your spouse or complete service, you may apply for:

1. Substituted Service
   1. The Court may allow service by alternative means, such as:
      1. Email, social media (WeChat, Facebook, WhatsApp)
      2. Service on a relative, friend, or employer
      3. Posting documents to a last-known address
   2. The Court grants this only if satisfied the spouse is likely to receive the documents.
2. Dispensation of Service
   1. If you cannot locate your spouseand service is not reasonably practicable, you may apply for dispensation.
   2. The Court will require evidence of your attempts, such as social media searches, contacting relatives, immigration checks, or relevant enquiries.

• You must file an application setting out your efforts, supported by evidence such as emails, call records, and investigation results.
• Once the Court makes an order, you may proceed in accordance with the substituted or dispensed service directions.

Parenting Orders are legally enforceable court orders that regulate living arrangements, time spent with each parent, parental responsibility, and other matters concerning children. The method of application depends on whether you and the other party have reached an agreement:

1. If the Parties Cannot Agree
   1. Before commencing Court proceedings, parties must make a genuine effort to resolve issues throughFamily Dispute Resolution (FDR).
   2. If unresolved, a party may file an Initiating Application, accompanied by other required documents.
   3. The Court will determine parenting issues based on the best interests of the child.
   4. Given the complexity, early legal advice is strongly recommended.
2. If the Parties Agree
   1. Even if you and the other party have reached a written agreement regarding parenting arrangements, that agreement does not, by itself, have any legal effect.
   2.  To give the agreement legal force, you must apply to the Court for Consent Orders.
   3. Once approved, Consent Orders have the same force as any Parenting Order.
3. Additional Notes
   1. Parenting Ordersand Financial Orders may be sought in the same application.
   2. The Court prioritises the child's safety, wellbeing, and developmental needs.

When a family law matter is listed for trial or defended hearing, the Court issues a Statement of Fees, which includes:

1. Setting Down Fee
   1. Must be paid 28 days before the first hearing day.
   2. Non-refundableand payable even if the matter does not proceed.
2. Daily Hearing Fee
   1. If the trial is expected to exceed one day, a daily fee applies from the second day onward.
   2. Must be paid at least two business daysbefore the first hearing date.
   3. Some fees may be refunded if the matter resolves before hearing.

• You may make payment using a debit card or credit card through the Family Law Fees online platform.
• You will be required to enter the Payment Identification Number (PID) shown on your Statement of Fees.
• All fees are prescribed under the Family Law (Fees) Regulations 2022, as published on the Federal Register of Legislation.

• Some parties may be eligible to apply for a fee reduction or exemption. For the specific eligibility criteria, please refer to the Guidelines for Exemption of Court Fees (Family Law).

All documents filed with the Court must be served on all parties, including any Independent Children’s Lawyer (ICL), unless the Court orders otherwise.

1. Time Requirements
   1. General applications: at least 7 days before the hearing.
   2. Interlocutory applications: at least 3 days before the hearing.
2.  Proof of Service
   1. After service, you must file a Proof of Service with the Court.
   2. Failure to do so may delay or prevent your matter from being heard.
3.  Different Rules for Divorce Documents
   1.  For general family law documents, refer to “How do I serve family law documents?”
   2.  For divorce application documents, refer to “How do I serve a divorce?”, which contains specific rules and guidance.

In Australia, once orders are made, parties must comply with them. Failure to comply is addressed via the National Contravention List.

1. Common Types of Contravention
   1. Parenting Orders: Failing to provide time, preventing time, or refusing to return a child.
   2. Financial or Property Orders: Failing to pay amounts or refusing to transfer property as ordered.
2. Steps to Take
   1. Review the Court’s official material on Compliance and Enforcement.
   2. If a breach has occurred, you may file a Contravention Application.
   3. The consequences the Court may impose include enforcement orders, remedial orders, fines, and, in serious cases, imprisonment.
3. Important Note
   1.  The Court will give priority to considering whether the party has taken reasonable steps to comply with the orders.
   2.  In some circumstances, if the other party has a reasonable explanation (such as sudden illness or circumstances beyond their control), a contravention application may be dismissed.
   3.  It is recommended that you obtain professional legal advice before filing a contravention application to avoid procedural errors or insufficient evidence.

In Australia, the cost of divorce consists primarily of the Court filing fee and any legal representation fees.

1. Court Filing Fee
   1. A fixed filing fee applies when lodging an Application for Divorce.
   2. The standard fee is reviewed annually; please refer tothe FCFCOA website for the current amount.
   3. If eligible (for example, if you hold a Health Care Card or receive Centrelink benefits), you may apply for a fee reduction, which usually reduces the fee to approximately AUD 370.
2. Legal Representation Fees
   1. If you self-represent, you generally only pay the Court fee.
   2. If youengage a solicitor, professional fees will vary depending on complexity, whether children or property issues exist, and whether additional applications are required.
   3. In Australia, solicitor fees typically range from AUD 1,500 to 3,000(incl. GST).
3. Additional Costs
   1. Ifsubstituted service or dispensation of service is required, additional application fees may apply.
   2. Translation, notarisation, or international service may incur further expense.

In Australian family law matters, except for appeal cases, Court Orders are generally issued electronically, bearing the Court’s electronic signature and seal, and may be downloaded directly from the Commonwealth Courts Portal. These electronic orders have the same legal effect as paper orders.

1.  How to Access Orders
   1. Log in to the Commonwealth Courts Portal.
   2. Search using your case number or personal login details.
   3. Download and save the electronically signed and sealed orders.
2.  Guidance
   1. If you are unfamiliar with the Portal, refer to “How do I access my orders?”for step-by-step instructions.
   2. If you require proof of divorce, refer to “How do I prove I am divorced?”—this process differs from obtaining ordinary Court Orders.
3.  Important Notes
   1. Electronic orders are widely accepted by government agencies, financial institutions, and third parties.
   2. There is no additional fee to download orders via the Portal.

Separation can be emotionally challenging and legally complex. Understanding your rights and obligations is essential. The FCFCOA provides information for individuals who are considering separation or divorce, or who have been affected by it.

1. Legal Effect of Separation
   1. In Australia, separation does not require formal registration or documentation. Separation occurs when one or both parties decide the relationship has ended, and this is reflected in their actions.
   2. Even if parties remain living under one roof, separation can still be established if evidence shows the marital relationship has ceased.
2. Arrangements for Children
   1. Parents usually attempt to agree on arrangements regarding the children’s living arrangements and time spent with each parent.
   2. If agreement is reached, it may be recorded in writing or formalised throughConsent Orders.
   3. If no agreement is reached, parties must attempt Family Dispute Resolution (FDR)before commencing Court proceedings.
3. Financial and Property Arrangements
   1. Most financial arrangements following separation are achieved by negotiation.
   2. If agreement is reached, it may be formalised by Consent Ordersor a Binding Financial Agreement (BFA).
   3. If agreement cannot be reached, a party may apply for Property Orders.
4. When Court Involvement Is Necessary

In Australia, the Court applies the “best interests of the child” principle established under the Family Law Act 1975 (Cth), Key considerations include:

1. Safety and Wellbeing
   1. Protection from harm, including family violence, abuse, or neglect.
   2. The child’s physical and emotional safety is the priority.
2. The Child’s Views
   1. Depending on age and maturity, the child’s expressed wishes may be considered.
   2. Older children’s views generally carry greater weight.
3. Parental Capacity
   1. Each parent’s ability to provide a stable and secure environment.
   2. Ability to meet educational, medical, emotional, and developmental needs.
4. Existing Care Arrangements
   1. Stability of the child’s current living and schooling arrangements.
   2. Importance of continuity in the child's life.
5. Relationships and Support
   1. Quality of the child’s relationship with each parent.
   2. Whether a parent supports the child’s relationship with the other parent.

Australia applies a no-fault divorce system. This means the Court does not consider wrongdoing (such as adultery or family violence) when granting a divorce. The only legal ground for divorce is:

1. Irretrievable Breakdown of Marriage
   1. This must be proven by 12 months of continuous separation.
   2. Separation may occur through physical separation (living apart) or“separation under one roof”,provided that evidence demonstrates the marital relationship has, in substance, come to an end.
2. No Reasonable Likelihood of Reconciliation
   1. The parties must demonstrate there is no reasonable possibility of resuming the relationship.
   2. If the parties briefly reconcile for less than three months, the periods of separation may be added together.

The timeframe for divorce depends on the separation period and the Court process.

1. Separation Requirement
   1. Parties must be separated for at least 12 monthsbefore applying.
   2. Separation may occur under one roofif properly evidenced.
2. Application and Court Process
   1. Once eligible, the party files an application via the Commonwealth Courts Portal.
   2. The Court typically lists the matter for hearing within 2–3 months.
   3. After the divorce hearing concludes, the Court will make a Divorce Order.
3. Effective Date
   1. The divorce does not take effect immediately. It becomes final one month and one day after the hearing date.
   2. For example, if the hearing is held on 1 June 2025, the divorce will take effect on 2 July 2025.

In Australia, the family home does not automatically go to one spouse. Instead, all property is assessed and divided according to the Family Law Act 1975 (Cth) on a “just and equitable” basis.

1. Property Pool
   1. The property pool includes:
      1. Real property (houses, land)
      2. Bank accounts and investments
      3. Vehicles and other assets
      4. Superannuation
      5. Liabilities (loans, credit cards, tax debts)
   2. Assets are included regardless of whose name they are held in.
2. Contributions
   1. The Court considers financial and non-financial contributions by each party, including: Initial contributions (e.g., deposits)
   2. Such as, Earnings and mortgage repayments, Home-making and parenting contributions
3. Future Needs. Factors include:
   1. Future income earning capacity
   2. Primary care of children
   3. Age, health, and financial resources
4. Just and Equitable Outcome. The Court may:
   1. Award the home to one party with a cash adjustment, or
   2. Order the property to be sold and proceeds divided, or Make other appropriate orders.

In Australia, including Queensland, the Court does not automatically favour either the mother or the father when determining a child’s living arrangements. Instead, the sole guiding principle is the “best interests of the child.” Under the Family Law Act 1975 (Cth), the terms “parenting arrangements” and “Parenting Orders” are used in place of the traditional concept of “custody.”

1. Best Interests of the Child Principle
   1.  The child’s safety and wellbeing must be given priority.
   2.  It must be ensured that the child is raised in a stable and secure environment.
2. Factors Considered by the Court
   1.  The child’s relationship with each parent.
   2.  Each parent’s ability to meet the child’s needs, including living, educational, and medical requirements.
   3.  Whether each parent supports the child maintaining a meaningful relationship with the other parent.
   4.  The child’s age, maturity, and expressed views (where applicable).
   5.  Whether there is any family violence or other safety risks.
3. Possible Living Arrangements
   1.  The child may live primarily with one parent while the other parent has regular time with the child.
   2.  The child may live with each parent on a shared-care basis—for example, weekly rotation or other flexible arrangements.
   3.  The Court may make tailored arrangements suited to the child’s best interests, depending on the circumstances.

In Australia, including Queensland, when dealing with parenting matters, the Court consistently applies the “best interests of the child” principle as set out in the Family Law Act 1975 (Cth). This principle is not an abstract concept but is made up of a series of specific considerations, including the following:

1. Relationship with Parents
   1. Strength and quality of the child’s relationship with each parent.
   2. Whether ongoing meaningful relationships benefit the child.
2. Safety and Protection
   1. Any risk of family violence, abuse, or neglect.
   2. Ensuring physical and emotional safety.
3. Parental Capacity
   1. Ability to provide stable housing, emotional support, and care.
   2. Ability to meet educational and medical needs.
4. Parental Attitudes and Cooperation
   1. Whether parents support the child’s relationship with the other parent.
   2. Whether either parent makes it difficult for the child to maintain contact with the other.
5. Child’s Views
   1. Considered depending on age and maturity.
   2. The views of older children generally carry greater weight when determining living arrangements.
6. Stability and Continuity
   1. Importance of maintaining schooling, community, and lifestyle stability.
   2. The Court conducts a holistic assessment and does not apply a fixed formula.

Yes. Under the Family Law Act 1975 (Cth), grandparents and other significant caregivers may apply for Parenting Orders.

1. Who Can Apply?
   1. Grandparents
   2. Other persons concerned with the care, welfare, or development of the child (such as step-parents, aunts/uncles, or long-term carers)
2. Relevant Considerations
   1. Quality of the child’s relationship with the grandparent
   2. Whether maintaining extended family or cultural connections benefits the child
   3. Whether the grandparent can provide a stable and safe environment
   4. Whether the proposed arrangements are in the child’s best interests
3. Possible Orders
   1. Grandparents may apply for the child to live with them.
   2. Alternatively, they may apply for regular time with the child, such as visitation or holiday arrangements.
   3. They may also share caregiving responsibilities with the parents.

The information on this page was last updated in November 2025 and is provided for general reference purposes only. It does not constitute legal advice, a basis for decision-making, or any form of professional opinion in relation to any specific matter. The content has been prepared using publicly available information considered to be reliable; however, no independent verification of its accuracy or completeness has been undertaken. The information is subject to change without notice. Neither the author nor the platform accepts any responsibility or liability for any consequences arising from actions taken or not taken in reliance on the contents of this page.