The primary Commonwealth legislation governing family law in Australia, covering marriage, divorce, property settlement, parenting arrangements, and spousal maintenance. It applies uniformly across all states and territories.

A relationship where two people (including same-sex couples) live together on a genuine domestic basis but are not legally married. The Family Law Act applies to de facto property and maintenance matters if the relationship lasted at least 2 years, or there is a child, or one party made substantial contributions.

The legal authority of a court to hear and decide a case. In family law, the Federal Circuit and Family Court of Australia (FCFCOA) has primary jurisdiction, while state courts handle family violence orders.

The person who initiates (files) a family law application with the court. In divorce proceedings, this is the person seeking the divorce order.

The person who responds to a family law application filed by the applicant. They have the right to file a response and cross-application.

A formal order issued by the court. In family law, a 'decree nisi' (now called a divorce order) becomes final one month and one day after it is made.

A written statement of facts confirmed by oath or affirmation, used as evidence in court proceedings. In family law, affidavits are the primary way evidence is presented.

A legal document requiring a person to attend court to give evidence (subpoena to attend) or to produce documents (subpoena to produce). Commonly used to obtain financial records in property matters.

A solemn promise made to the court by a party or their lawyer. Breaching an undertaking can result in contempt of court proceedings.

A temporary court order made before the final hearing to address urgent matters. Common in parenting and property cases where immediate arrangements are needed.

The court's conclusive determination of a matter after a full hearing, which resolves the dispute unless successfully appealed.

An application made to the court by one party without notice to the other party. Only granted in urgent circumstances, such as risk of harm to a child or dissipation of assets.

A court order requiring a person to do or refrain from doing a specific act. In family law, injunctions can protect property, prevent asset disposal, or protect personal safety.

The sole ground for divorce in Australia. It is established by proving that the parties have lived separately and apart for a continuous period of at least 12 months and there is no reasonable likelihood of resuming married life.

When separated parties continue to live in the same house but have ceased their marital relationship. Evidence must show separate sleeping arrangements, reduced shared activities, and that the relationship has ended.

The date when the marital relationship effectively ended. This is critical for calculating the 12-month separation period for divorce and the time limits for property settlement applications.

A divorce application filed by both parties together, indicating mutual agreement to end the marriage. Neither party needs to attend the hearing if there are no children under 18.

A divorce application filed by one party. The applicant must serve the application on the respondent at least 28 days before the hearing (or 42 days if the respondent is overseas).

The court order that legally ends a marriage. It takes effect one month and one day after the order is made. Previously known as 'decree nisi' and 'decree absolute'.

A declaration that a marriage is void (never legally valid) or voidable (can be set aside). Grounds include bigamy, prohibited relationship, lack of consent, or underage marriage.

When separated parties resume their relationship. Under the Family Law Act, parties can reconcile for up to 3 months during the 12-month separation period without restarting the clock.

The legal process of dividing assets, liabilities, and financial resources between parties after separation. The court follows a four-step process under Section 79 to determine a just and equitable division.

The method courts use for property settlement: (1) Identify and value the asset pool, (2) Assess each party's contributions, (3) Consider future needs under s.75(2) factors, (4) Ensure the overall result is just and equitable.

The total collection of all assets, liabilities, superannuation interests, and financial resources of both parties that are available for division. This includes property held individually, jointly, or through entities.

Direct and indirect monetary contributions made by a party during the relationship, including income, savings, inheritances, gifts, and proceeds from property sales.

Non-monetary contributions to the acquisition, conservation, or improvement of property, such as renovating a home, managing investments, or running a business.

The contribution made by a party as a homemaker or parent, which the court recognises as equal in value to financial contributions. This ensures stay-at-home parents are not disadvantaged.

A list of factors the court considers when adjusting property division for future needs, including age, health, income capacity, care of children, standard of living, and the impact of the relationship on earning capacity.

The overarching requirement that any property settlement order must be fair and reasonable in all the circumstances. The court will not make an order unless satisfied it is just and equitable to do so.

The process of dividing superannuation (retirement funds) between parties as part of a property settlement. Superannuation is treated as property and can be split by agreement or court order.

Court orders made by agreement between the parties, without the need for a contested hearing. They are legally binding and enforceable. The court must be satisfied the orders are just and equitable.

An adjustment to the property settlement in recognition of the impact of family violence on a party's contributions. Named after the case Kennon v Kennon [1997] FamCA 27, it allows the court to give additional weight to the victim's contributions.

A legal argument that money wasted, gambled, or recklessly spent by one party should be 'added back' to the asset pool as if it still existed, so the other party is not disadvantaged by the wastage.

The deliberate or reckless dissipation of assets by one party, such as gambling losses, excessive spending, or deliberate destruction of property. The court may account for this in the property settlement.

Assets or entitlements that are not strictly 'property' but have financial value, such as earning capacity, expected inheritances, or entitlements under a discretionary trust.

Following Stanford v Stanford [2012] HCA 52, the court must first determine whether it is just and equitable to make any property settlement order at all, before proceeding to the four-step process.

The interests of persons other than the parties (e.g., creditors, business partners, family members) that may be affected by property settlement orders. The court must consider these interests.

The ongoing obligation of both parties to fully and frankly disclose all relevant financial information, including assets, income, liabilities, and financial resources. Failure to disclose can result in penalties.

The paramount consideration in all parenting matters. The court must regard the best interests of the child as the most important factor when making any parenting order.

A court order that sets out the arrangements for a child, including who the child lives with, spends time with, and communicates with, as well as parental responsibility for major decisions.

All the duties, powers, responsibilities, and authority that parents have in relation to their children by law. After the 2024 amendments, the court determines parental responsibility based on the child's best interests without a starting presumption.

The former presumption that both parents should share equal responsibility for major long-term decisions. This presumption was REMOVED by the Family Law Amendment Act 2023 (effective 6 May 2024). Courts now assess parental responsibility based solely on the child's best interests.

The two primary considerations under the best interests framework: (a) the benefit to the child of having a meaningful relationship with both parents, and (b) the need to protect the child from physical or psychological harm.

Factors the court considers alongside primary considerations, including the child's views, the nature of the child's relationship with each parent, willingness to facilitate the relationship, effect of changes, and any family violence.

A written agreement between parents about parenting arrangements for their children. Unlike court orders, parenting plans are not legally enforceable, but the court will consider them.

A lawyer appointed by the court to independently represent the best interests of a child in family law proceedings. The ICL is not the child's legal representative but acts as an advocate for the child's welfare.

A report prepared by a family consultant (psychologist or social worker) who interviews the parties and children to provide the court with an expert assessment of the family dynamics and the child's best interests.

A court order for the return of a child who has been taken from, or not returned to, a person who has a parenting order. It authorises police and other officers to find, recover, and return the child.

When a parent wishes to move to a different location (interstate or overseas) with a child. If the other parent does not consent, the relocating parent must seek court permission, and the court applies the best interests test.

An arrangement where a parent's time with a child is supervised by a third party (either a professional supervisor or a nominated person) to ensure the child's safety.

The terminology used in parenting orders to describe where a child primarily resides ('lives with') and the time arrangements with the other parent ('spends time with'). Replaced the older terms 'custody' and 'access'.

Provisions introduced by the 2023 amendments to prevent litigation abuse, where one party uses court proceedings to harass, intimidate, or financially exhaust the other party.

A document filed with the court when there are allegations of child abuse or family violence, or when a party considers a child is at risk. The court must take specific steps when such a notice is filed.

The process by which Services Australia (Child Support) calculates the amount of child support payable by one parent to the other, using the 8-step formula based on income, care percentages, and the cost of children.

The income figure used in child support calculations. It includes taxable income plus reportable fringe benefits, target foreign income, tax-free pensions, net rental losses, and certain other amounts.

The amount deducted from each parent's adjusted taxable income before calculating child support, representing the minimum amount needed for the parent's own living expenses. Currently set at one-third of Male Total Average Weekly Earnings (MTAWE).

The percentage of care each parent provides for the child, measured in nights per year. Care percentages directly affect child support calculations, with thresholds at 0-13%, 14-34%, 35-47%, 48-52%, 53-65%, 66-86%, and 87-100%.

The estimated cost of raising children at different ages and income levels, used in the child support formula. The costs are set out in tables published by the Department of Social Services.

An application to Services Australia to depart from the standard child support formula based on special circumstances. There are 10 specific reasons for departure, including high costs of contact, special needs of the child, or income not reflecting earning capacity.

A legally binding agreement between parents about child support that overrides the administrative assessment. Both parties must have received independent legal advice before signing.

An agreement about child support that can be terminated by either party giving notice. It must provide for at least the assessed amount and does not require independent legal advice.

The government agency (formerly the Child Support Agency) responsible for administering child support assessments, collections, and enforcement in Australia.

Financial support paid by one spouse or de facto partner to the other after separation, where the recipient is unable to adequately support themselves and the payer has the capacity to pay.

The two-part test for spousal maintenance: (1) the applicant is unable to support themselves adequately, and (2) the respondent has the capacity to pay. Both conditions must be met.

The factors the court considers when determining spousal maintenance, including age, health, income, earning capacity, care of children, standard of living during the marriage, and the extent to which earning capacity was impaired by marriage responsibilities.

An application for immediate spousal maintenance where the applicant has an urgent need for financial support. The court can make interim orders for maintenance pending the final hearing.

Maintenance payable between former de facto partners, governed by Section 90SF of the Family Law Act. The same principles apply as for married couples.

Under the Family Law Act, violent, threatening, or other behaviour by a person that coerces or controls a family member or causes them to be fearful. Includes physical, sexual, emotional, psychological, financial, and technology-facilitated abuse.

A protection order issued by a NSW court to protect a person from domestic violence. It can impose conditions such as not approaching the protected person, not contacting them, or not going to certain locations.

A protection order issued by a Victorian court to protect a person from family violence. It can include conditions restricting contact, proximity, and behaviour.

A protection order issued in Queensland and the Northern Territory to protect a person from domestic violence. Similar to ADVOs and FVIOs in other states.

A protection order issued by a Western Australian court to protect a person from family violence.

A scheme that commenced on 25 November 2017 providing automatic national recognition of domestic violence orders across all Australian states and territories, so an order made in one state is enforceable in all others.

A pattern of behaviour that seeks to take away the victim's liberty or freedom, to strip away their sense of self. It includes isolating, monitoring, intimidating, and controlling a person. Some states are introducing specific criminal offences for coercive control.

A form of family violence involving controlling a person's ability to acquire, use, and maintain financial resources. Examples include withholding money, preventing employment, controlling bank accounts, and creating debt in the victim's name.

Family violence perpetrated through digital means, including tracking via GPS, monitoring phone and email, sharing intimate images without consent, online harassment, and using social media to intimidate.

A form filed in family law proceedings when there are allegations of family violence or child abuse. The court must consider the risk and may make orders to protect the child or vulnerable party.

The primary court for family law matters in Australia, created in 2021 by merging the Family Court of Australia and the Federal Circuit Court. It has two divisions: Division 1 (complex matters) and Division 2 (less complex matters).

The division of the FCFCOA that handles complex family law matters, including international family law, complex property cases, and appeals from Division 2. Formerly the Family Court of Australia.

The division of the FCFCOA that handles less complex family law matters, including most divorce applications, straightforward property and parenting matters. Formerly the Federal Circuit Court.

The document filed to commence family law proceedings in the FCFCOA. It sets out the orders sought and the basis for the application.

The document filed by the respondent in answer to an initiating application, setting out their position and any orders they seek.

An early procedural hearing where the court identifies the issues in dispute and considers whether the matter can be resolved without a trial. The court may make procedural directions.

A court-facilitated conference where a judicial officer helps the parties negotiate a resolution. It is less formal than a hearing and aims to settle matters by agreement.

A hearing to determine temporary arrangements before the final hearing. Common for urgent parenting or property matters where immediate orders are needed.

The full court hearing where all evidence is presented, witnesses are cross-examined, and the judge makes final orders. This is the most formal stage of proceedings.

An order that one party pay the other party's legal costs. In family law, costs orders are less common than in other areas of law, but can be made where a party has acted unreasonably.

Government-funded legal assistance available to people who cannot afford a private lawyer. Each state and territory has a Legal Aid Commission that provides family law services, subject to means and merit tests.

A person who appears in court without a lawyer. The court has obligations to ensure self-represented litigants understand the proceedings and are treated fairly.

The rules governing procedure in the FCFCOA for family law matters. They set out requirements for filing documents, serving parties, conducting hearings, and enforcing orders.

An application to a higher court to review a decision of a lower court. Appeals from Division 2 go to Division 1, and appeals from Division 1 go to the Full Court of the FCFCOA or the High Court of Australia.

A process where an independent practitioner helps separated families resolve disputes about children without going to court. FDR is mandatory before filing parenting applications (with some exceptions).

A certificate issued by a Family Dispute Resolution Practitioner confirming that FDR has been attempted. Required before filing a parenting application in court, unless an exemption applies.

A voluntary process where a neutral third party (mediator) assists the parties in reaching an agreement. In family law, mediation can address property, parenting, and financial matters.

A process where each party has their own lawyer and all parties commit to resolving the dispute without going to court. If the process fails, both lawyers must withdraw and the parties must engage new lawyers.

A process where an independent arbitrator makes a binding decision on a family law dispute. Available for property and financial matters (not parenting) under Part XIIIA of the Family Law Act.

A mediation process where both parties attend with their lawyers, allowing for legal advice during negotiations. Often used for complex property settlements.

Government-funded centres that provide family dispute resolution services, information, and referrals. They offer free or low-cost FDR for separating families.

A legally binding agreement between parties about how property and financial resources will be divided if the relationship ends. Can be made before, during, or after a relationship.

A Binding Financial Agreement made before marriage, setting out how property will be divided if the marriage ends. Both parties must receive independent legal advice.

A Binding Financial Agreement made during the marriage, which can deal with property division and spousal maintenance in the event of separation.

A Binding Financial Agreement made after separation or divorce, setting out the agreed property division and maintenance arrangements.

Legal advice provided by a separate lawyer to each party before signing a Binding Financial Agreement. Each lawyer must sign a certificate confirming they provided advice about the effect of the agreement on the party's rights.

The process of having a court declare a Binding Financial Agreement void or unenforceable. Grounds include fraud, unconscionability, impracticability, material change in circumstances relating to a child, or failure to comply with requirements.

An application to the court alleging that a party has breached (contravened) a court order. The court can impose penalties including fines, community service, variation of orders, or imprisonment.

A court order to enforce compliance with an existing order. For parenting orders, this may include make-up time. For property orders, it may include seizure and sale of property.

The offence of disobeying or disrespecting the authority of the court. In family law, this can include breaching court orders, failing to comply with subpoenas, or disruptive behaviour in court.

A court order authorising the arrest of a person who has failed to comply with court orders or attend court as required. Used in serious cases of non-compliance.

A penalty that may be imposed for contravention of a family law order, requiring the person to perform unpaid community work.

A financial guarantee that a party will comply with court orders. If the party breaches the order, they may forfeit the bond amount.

A court order for the seizure of a person's property to enforce compliance with a court order, typically used when a party refuses to pay money owed under a property settlement.

A court order requiring a person or organisation (such as a government department) to provide information about the location of a child or a party to proceedings.

A request to the Australian Federal Police to place a child on a watch list to prevent them from being taken out of Australia without court permission. Used in cases of international child abduction risk.

An international treaty that provides a legal mechanism for the prompt return of children who have been wrongfully removed from or retained outside their country of habitual residence.