Family Law FAQ

You must have been separated for at least 12 months and one day before applying for divorce in Australia. The separation can occur even while you continue to live in the same residence, provided you can establish that the marital relationship has ended.

No, not necessarily. Most Australian property settlements are resolved by agreement and formalised through Federal Circuit and Family Court consent orders or a binding financial agreement, without a contested hearing. Court is required only when the parties cannot agree.

The property pool is the total of all assets and liabilities of the parties at the date of the property settlement. It includes real estate, superannuation, savings, investments, debts, and any notional additions for assets disposed of during the relationship.

Yes. Superannuation is treated as property under the Family Law Act and is included in the property pool. It can be split between parties as part of the settlement, subject to the rules of the relevant super fund.

The Federal Circuit and Family Court applies a four-step framework: (1) identify the property pool, (2) consider contributions (financial, non-financial, homemaker), (3) consider future needs (age, health, income, care of children), and (4) confirm the result is just and equitable.

Equal shared parental responsibility means both parents share major long-term decisions about their children — education, health, religion, name, and living arrangements. It is the default starting position under the Family Law Act, but does not automatically mean equal time.

No. Equal shared parental responsibility is about decision-making, not time. The court considers whether equal time or substantial and significant time is in the children's best interests separately, taking into account practical factors like distance and the children's ages.

A Section 60I certificate is issued by a registered Family Dispute Resolution practitioner confirming that parties have attempted (or were unable to attempt) family dispute resolution. It is generally required before filing parenting proceedings, with limited exceptions.

Child support is calculated under the Child Support (Assessment) Act using a formula based on each parent's income, the number of children, and the percentage of care each parent provides. The Department of Human Services (Services Australia) administers the assessment.

Yes. Parents can enter a binding child support agreement that overrides the formula assessment. Binding agreements require both parties to have received independent legal advice, and they must comply with formal requirements to be enforceable.

Family violence is defined broadly to include physical, sexual, emotional, psychological, and financial abuse, as well as conduct that causes a family member to be fearful. The definition is wider than criminal law and is relevant to both parenting and property matters.

A binding financial agreement is a written contract between parties (often before, during, or after a relationship) setting out how property and financial resources will be divided in the event of separation. Strict formal requirements apply for the agreement to be binding.

Yes. The Family Law Act applies to de facto couples (including same-sex couples) who meet certain criteria — typically a relationship of at least 2 years, or with a child of the relationship, or where there has been a substantial contribution.

Best interests of the child is the paramount consideration the court applies to all parenting decisions. The Family Law Act sets out a structured framework of considerations the court must apply, including the child's safety, the child's relationship with each parent, and the child's views.

A straightforward divorce in Australia typically takes 4-6 months from filing to the divorce being granted. The court hearing is usually procedural and short. The 12-month separation requirement and the 1-month waiting period after the divorce hearing are the main timeframes.

Both parties have a duty of full and frank disclosure under the Family Law Rules. If a party does not disclose, the court can make adverse inferences, order disclosure, set aside agreements, or impose costs. Quillio can analyse financial statements to flag inconsistencies.

Relocation requires the consent of the other parent or a court order. The court applies the best-interests framework and considers factors including the reason for the move, the impact on the children's relationship with the other parent, and the children's views.

Spousal maintenance is financial support paid by one spouse to the other after separation, where one spouse is unable to support themselves and the other has the capacity to pay. It is separate from property settlement and child support.

You are not required to have a lawyer, but family law matters are technical and the consequences of getting it wrong can be significant. Most people benefit from at least obtaining independent legal advice before signing any agreement or filing any application, even if they handle most of the matter themselves.

Costs vary by complexity and lawyer experience. A simple consent orders matter may cost $1,500-$5,000. A contested property settlement or parenting matter typically costs $10,000-$50,000+. Many lawyers offer fixed-fee or capped-fee arrangements for routine matters.