Divorce and Family glossary
Family matters in Australia are governed by the Family Law Act 1975 (Cth) and the unified Federal Circuit and Family Court of Australia (FCFCOA). This glossary focuses on the terminology clients and practitioners meet during separation, divorce, property, and parenting — from the first advice conversation through to final orders.
This is a glossary of 40 key terms used in Australian divorce and family matters. Each definition is grounded in the Family Law Act 1975 (Cth) and current Federal Circuit and Family Court of Australia practice.
Definitions
Affidavit
A written statement of evidence sworn or affirmed, used to support applications and trials in the FCFCOA. Must comply with the court's affidavit rules.
Application for divorce
The formal application filed in the FCFCOA seeking a divorce order. Requires 12 months separation and other jurisdictional grounds.
Best interests of the child
The paramount consideration in parenting decisions under the Family Law Act. Informed by the primary and additional considerations in s 60CC.
Binding Financial Agreement (BFA)
A statutory agreement between parties about property and spousal maintenance. Must meet strict formal requirements, including independent legal advice.
Case assessment conference
An early court event for property matters in the FCFCOA, focused on identifying issues, disclosure, and settlement prospects.
Child support assessment
An administrative calculation of child support payable under the Child Support (Assessment) Act 1989 (Cth), based on incomes, care, and costs.
Consent orders
Orders made by the court with the parties' consent, finalising parenting or property. The court must be satisfied orders are just and equitable (property) or in the best interests of the child (parenting).
Contravention application
An application alleging that a parenting or property order has been breached without reasonable excuse.
De facto relationship
A couple living together on a genuine domestic basis who are not married or related by family. The Family Law Act covers property and maintenance for eligible de facto relationships.
Disclosure duty
The ongoing obligation to make full and frank financial disclosure in property matters. Non-compliance may attract costs and adverse inferences.
Dispute resolution certificate
A s 60I certificate from an accredited family dispute resolution practitioner, generally required before filing a parenting application.
Divorce order
The order dissolving a marriage. Takes effect one month and one day after the order is made.
Family dispute resolution (FDR)
A confidential process with an accredited practitioner to help parents resolve parenting disputes before court.
Family violence
Violent, threatening, or other behaviour that coerces or controls a family member or causes them to be fearful, as defined by the Family Law Act.
Federal Circuit and Family Court of Australia (FCFCOA)
The unified federal court with family law jurisdiction since 1 September 2021, comprising Division 1 (former Family Court) and Division 2 (former Federal Circuit Court).
Final orders
The orders that finally resolve a case — parenting, property, or both. Can be made on consent or after trial.
Financial statement
The sworn court form setting out income, expenses, assets, and liabilities. Compulsory in property matters.
Independent Children's Lawyer (ICL)
A lawyer appointed by the court to represent the best interests of the children in complex parenting matters.
Independent legal advice
Advice provided by a lawyer who is not acting for the other party, required for Binding Financial Agreements.
Interim orders
Short-term orders made early in proceedings to address immediate issues until final determination.
Just and equitable
The statutory test under s 79/s 90SM for whether it is appropriate to make a property order at all. The High Court confirmed this is a separate, substantive inquiry.
Lump sum maintenance
A one-off payment in spousal or child maintenance in place of periodic payments.
Matrimonial cause
The types of proceedings that the FCFCOA has jurisdiction to hear — divorce, property, maintenance, parenting, and related.
Meaningful relationship
One of the primary considerations under s 60CC — the benefit to the child of having a meaningful relationship with both parents.
Notice of risk
A court form required in parenting applications identifying allegations of family violence, abuse, or risk. Triggers information sharing and risk screening.
Parental responsibility
All the duties, powers, responsibilities, and authority that parents have in relation to children. Continues after separation unless ordered otherwise.
Parenting order
A court order that deals with parental responsibility, the time children spend with each parent, and related issues.
Parenting plan
A written, signed, dated agreement about parenting arrangements. Not enforceable as a court order but relevant to later proceedings.
Pool of assets
The net assets, liabilities, and financial resources of the parties considered in a property settlement.
Procedural order
An order directing how a case will be managed — disclosure, listing, experts — as distinct from orders on substantive rights.
Property settlement
The division of assets, liabilities, and financial resources following separation, under s 79 (married) or s 90SM (de facto).
Recovery order
An order requiring the return of a child to a person with whom they are to live or spend time, usually made when a child has been withheld or relocated.
Section 60I certificate
The certificate issued by an FDR practitioner confirming attempts at resolution. Required (subject to exceptions) before filing a parenting application.
Separation
The ending of the marital relationship. Requires an intention to separate, communication of that intention, and acting on it. Separation under one roof is recognised.
Spousal maintenance
Financial support paid by one party to another where the recipient cannot adequately support themselves and the payer has capacity.
Subpoena
A court document requiring a person or organisation to produce documents or attend to give evidence.
Superannuation splitting
The division of superannuation interests between parties as part of a property settlement, under Part VIIIB of the Family Law Act.
Trial affidavit
The affidavit of a party or witness that contains evidence-in-chief for the final hearing, served in accordance with case management orders.
Urgent application
An application seeking immediate court intervention — such as recovery orders, injunctions, or urgent parenting arrangements.
Research these terms in context
Quillio is built for Australian family lawyers. Use it to draft initial advice letters, check s 60CC considerations, and prepare property pool summaries with live citations to the Family Law Act and FCFCOA rules. See /practice-areas/family-lawyers or start a free trial.
These definitions are general explanations for educational purposes — not legal advice. The Family Law Act and FCFCOA rules change frequently. Always verify against current legislation and practice directions.
Research these terms with citations.
Quillio gives you the term, the current authority, and a clickable citation — all in one place. The free trial requires no credit card and no sales call.
Start your free trial