You must be separated for at least 12 months and one day before you can file for divorce. The separation period can include time living under the same roof, but you'll need to show the relationship had genuinely ended.

Separation is when you and your partner stop living together as a couple — it's a personal decision and doesn't require any legal paperwork. Divorce is the legal process that officially ends your marriage. You need a court order for divorce, but not for separation.

The court filing fee for a divorce application is currently around $1,060 (as of 2025/2026). If you're experiencing financial hardship, you can apply for a reduced fee. Legal aid may also be available in some circumstances.

No, you can apply for divorce yourself through the FCFCOA's online portal (Commonwealth Courts Portal). However, if there are complex issues like property or children involved, it's a good idea to get legal advice.

Divorce and property settlement are separate legal processes. Getting a divorce doesn't automatically divide your property. You have 12 months after your divorce becomes final to apply for property orders, so it's important not to leave it too late.

A parenting plan is a written agreement between parents — it's not enforceable by the court. A parenting order is made by the court and is legally binding. If someone breaches a parenting order, there can be serious consequences including fines or changes to the order.

In most cases, yes. You need to attend family dispute resolution (FDR) and get a certificate before you can apply to court for parenting orders. There are exceptions — for example, if there's family violence or child abuse, or if the matter is urgent.

The court looks at the best interests of the child, including: the benefit of having a meaningful relationship with both parents, protecting the child from harm, the child's views (depending on age and maturity), each parent's capacity to provide for the child, and the practical difficulty of proposed arrangements.

If there are parenting orders in place, you generally can't relocate without the other parent's agreement or a court order. If you want to move, you'll need to either reach an agreement with the other parent or apply to the court to vary the orders.

There's no set age where a child can 'choose'. The court will consider a child's views, giving them more weight as the child gets older and more mature. But the child's wishes are just one factor — the court always prioritises the child's best interests overall.

Services Australia uses an 8-step formula. It starts with each parent's taxable income, subtracts a 'self-support amount' (about $28,000), then works out each parent's share of the costs of the children based on their income percentage and care percentage. The more care you provide, the less child support you pay (or the more you receive).

If you have an administrative assessment or registered agreement, Services Australia can collect child support on your behalf. They can garnish wages, intercept tax refunds, and take other enforcement action. If you have a private arrangement and your ex stops paying, you may need to register it with Services Australia.

Yes. If your circumstances change (income changes, care arrangements change, a child turns 13), you can apply for a reassessment. You can also apply for a 'change of assessment' if you believe the formula doesn't reflect the true situation — for example, if the other parent has hidden income.

The basic child support amount is meant to cover general living costs. For extras like private school fees, medical expenses, or extracurricular activities, parents can negotiate separately or apply to Services Australia for a decision on these costs.

Not necessarily. There's no automatic 50/50 split in Australia. The court looks at each person's contributions (financial and non-financial, including homemaking and parenting) and future needs. The result depends on the specific circumstances of your case — it could be 60/40, 70/30, or any other split the court considers fair.

Property includes everything owned by either or both of you: the family home, investment properties, bank accounts, shares, businesses, cars, superannuation, and even debts like mortgages and credit cards. It includes assets acquired before, during, and sometimes after the relationship.

Superannuation is treated as property and can be split as part of a settlement. It's handled separately from other assets through a process called 'superannuation splitting'. You'll need to get a valuation of both parties' super and it can be divided by agreement or court order.

No — most property settlements are resolved by agreement, either through negotiation, mediation, or collaborative law. You can formalise your agreement through consent orders (approved by the court) or a binding financial agreement. Going to court is usually a last resort.

A binding financial agreement (BFA) is a private contract between partners about how property will be divided if the relationship ends. It can be made before, during, or after a relationship. Both parties must get independent legal advice for it to be valid.

Either spouse (or de facto partner) can claim maintenance if they can't adequately support themselves. Common situations include where one partner gave up their career to raise children, has a health condition that limits their ability to work, or needs time to retrain and re-enter the workforce.

There's no set duration. It depends on the circumstances. Sometimes it's for a fixed period (e.g., while someone retrains), sometimes it's ongoing. Either party can apply to have it varied or stopped if circumstances change significantly.

No, they're completely separate. Child support is for the costs of raising children. Spousal maintenance is for the living expenses of a former partner who can't adequately support themselves. You can receive both at the same time.

Yes. If you're in immediate financial hardship after separation, you can apply for urgent (interim) spousal maintenance. The court can make temporary orders quickly while the broader financial matters are being sorted out.

You file an application through the Commonwealth Courts Portal (online) or at a court registry. For parenting matters, you usually need a family dispute resolution (FDR) certificate first. For financial matters, you can file directly. The court will then set a first hearing date.

It varies widely. Simple consent orders can be processed in weeks. Contested matters can take 12-24 months or longer, depending on complexity and court backlogs. Urgent matters (like family violence or child safety) can be heard much faster.

An independent children's lawyer (ICL) is a lawyer appointed by the court to represent the best interests of the children in parenting disputes. They don't take instructions from either parent — their job is to ensure the court has all the information it needs to make the best decision for the children.

Many hearings are now conducted by video or telephone, especially procedural hearings. Final hearings are more likely to be in person, but the court has become more flexible since COVID. Your lawyer can advise on what to expect for your specific matter.

The court looks at several factors: how long you lived together, the nature of your household arrangements, whether there was a sexual relationship, financial dependence or interdependence, ownership of property, care of children, and your public reputation as a couple. No single factor is decisive — it's the overall picture.

There's no minimum period, but the court generally requires a relationship of at least 2 years to access property settlement rights — unless there's a child of the relationship, or one party made substantial contributions. Same-sex couples have the same rights as opposite-sex de facto couples.

Yes. De facto partners can apply for spousal maintenance on the same basis as married couples. The same eligibility criteria apply — you need to show you can't adequately support yourself and your former partner has the capacity to pay.

The process is essentially the same as for married couples — the same four-step process applies. The main difference is the time limit: de facto couples have 2 years from the date of separation to apply for property orders (compared to 12 months after divorce for married couples).

Under the Family Law Act, family violence includes: physical assault, sexual assault, stalking, repeated threats, property damage, preventing contact with family/friends, financial control, and any behaviour that coerces or controls a family member or causes them to be fearful. It doesn't have to be physical.

You can apply through your local court (magistrates court) or police can apply on your behalf. In urgent situations, police can issue an interim order immediately. Each state has a slightly different process — in NSW it's an AVO (Apprehended Violence Order), in Victoria it's an IVO (Intervention Order), and in Queensland it's a DVO (Domestic Violence Order).

Family violence is a major factor the court considers. The court must ensure children are protected from harm, including exposure to family violence. A history of violence can affect how much time a parent spends with children, whether visits are supervised, and other conditions of parenting orders.

If you're in immediate danger, call 000. For support and advice: 1800RESPECT (1800 737 732) — 24/7 national helpline. Lifeline (13 11 14) for crisis support. Legal Aid in your state can provide free legal advice. Many community legal centres also specialise in family violence matters.