Family Law glossary
Family law has its own vocabulary — terms that appear in the Family Law Act, Family Court rules, and standard practice. This glossary covers 40 of the most commonly used. Definitions are written for both legal practitioners and the lawyers, paralegals, and clients who need to understand the language.
This is a glossary of 40 key terms used in Australian family law. Each term has a plain-English definition and, where applicable, a reference to the underlying statute or leading authority. Use it as a reference for client conversations, briefings, or junior lawyer training.
Definitions
Application initiating proceedings
The form filed to commence family law proceedings in the FCFCOA. It identifies the parties, sets out the orders sought, and triggers the procedural timeline.
Best interests of the child
The paramount consideration in parenting matters under the Family Law Act. The court applies a structured framework to determine what arrangements best serve the child's welfare.
Example: Used in every parenting decision the FCFCOA makes.
Binding financial agreement
A written agreement between parties that sets out how property and financial resources will be divided in the event of separation. Must comply with strict formal requirements to be binding.
Child support
The financial support a parent is required to pay for the care of their child after separation, calculated under the Child Support (Assessment) Act.
Consent orders
Court orders made by agreement between the parties without a contested hearing. Once made, they are enforceable like any other court order.
Example: Property settlement consent orders are commonly used to formalise an agreed division of assets.
Contributions
The contributions each party made to the relationship — financial, non-financial, and as homemaker or parent. Considered at the second step of the FCFCOA property settlement framework.
De facto relationship
A relationship between two people who live together on a genuine domestic basis but are not married. The Family Law Act applies to de facto relationships meeting certain criteria.
Disclosure
The obligation on each party in property proceedings to fully and frankly disclose all relevant financial information to the other party and the court.
Divorce
The legal dissolution of a marriage, granted by the FCFCOA after at least 12 months separation. Distinct from property settlement and parenting matters.
Family dispute resolution (FDR)
A pre-court mediation process required before filing parenting proceedings (with limited exceptions). FDR practitioners issue section 60I certificates confirming attempts to mediate.
Family report
An expert report prepared by a court-appointed family consultant or independent expert on parenting issues. Provides evidence on children's views, parental capacity, and relationships.
Family violence
Defined broadly under the Family Law Act to include physical, sexual, emotional, psychological, and financial abuse. Considered in both parenting and property matters.
FCFCOA
The Federal Circuit and Family Court of Australia, established in 2021 by merging the Family Court of Australia and the Federal Circuit Court. Has divisions for first-instance and appellate matters.
Financial statement
A formal disclosure document (Form 13) filed in property proceedings setting out a party's assets, liabilities, income, and expenses.
Four-step approach
The framework the FCFCOA applies to property settlements: (1) identify the property pool, (2) consider contributions, (3) consider future needs, (4) ensure the result is just and equitable.
Future needs
Adjustments at the third step of the four-step approach for factors like age, health, income earning capacity, care of children, and length of the relationship.
Independent children's lawyer (ICL)
A lawyer appointed by the court to represent the best interests of children in contested parenting proceedings.
Initiating application
The form (Form 1 or Form 1A) used to commence proceedings in the FCFCOA. Sets out the orders sought and the legal basis.
Interim orders
Temporary orders made by the court pending final determination of a matter — often used for interim parenting arrangements or interim spousal maintenance.
Just and equitable
The fourth step of the property settlement framework — the court must be satisfied that any proposed division of property is just and equitable in all the circumstances.
Kennon contributions
A contribution argument that recognises one party's contributions were made significantly more difficult by the other party's conduct (typically family violence). Named after Kennon v Kennon (1997).
Litigation guardian
A person appointed to conduct proceedings on behalf of a party who is under a legal incapacity.
Major long-term issues
Decisions about a child's education, health, religion, name, and living arrangements that significantly affect long-term welfare. Subject to equal shared parental responsibility by default.
Notice of risk
A Form 4 notice filed in parenting proceedings to alert the court to allegations of child abuse, family violence, or risk of harm to a child.
Parental responsibility
The duties, powers, responsibilities and authority that parents have in relation to their children. Distinct from time spent with the child.
Parenting plan
A written agreement between parents about parenting arrangements, signed and dated by both. Not legally enforceable as a court order, but the court can take it into account.
Property pool
The total assets and liabilities of the parties as at a particular date — typically the date of the hearing or settlement. The starting point of the four-step approach.
Property settlement
The legal process of dividing the property pool between separating parties. Conducted under section 79 of the Family Law Act for married couples and section 90SM for de facto couples.
Recovery order
An order requiring a child to be returned to a person with whom they were living. Used when a child has been retained or removed without consent.
Section 60I certificate
A certificate issued by a registered Family Dispute Resolution Practitioner confirming that parties have attempted (or were unable to attempt) FDR before filing parenting proceedings.
Section 75(2) factors
The factors the court considers at the third (future needs) step of the property settlement framework — age, health, income, care of children, length of relationship, and other matters.
Separation
The legal end of cohabitation as a couple. Separation date is significant for divorce eligibility and for the property pool calculation.
Separation under one roof
Separation where the parties continue to live in the same residence. Recognised in family law but requires evidence of the actual end of the marital relationship.
Spousal maintenance
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.
Stanford framework
The High Court framework from Stanford v Stanford [2012] HCA 52 reaffirming that property division must be just and equitable, with a clear distinction between identifying and altering property interests.
Substantial and significant time
A category of parenting time considered when shared time is not in the child's best interests but more than visitation is appropriate. Defined under the Family Law Act.
Superannuation splitting
The division of superannuation interests between separating parties as part of a property settlement, treated as a form of property under the Family Law Act.
Time with parent
The arrangements for the time a child spends with each parent — distinct from parental responsibility (decision-making).
Without admissions clause
A clause commonly included in family law consent orders stating that the orders are made without admissions of fact by either party — protects parties from admissions being used against them later.
Witness
A person who gives evidence in family law proceedings, typically by affidavit and/or cross-examination at a final hearing.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Always verify against current legislation and case law before relying on them in a client matter.
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