Family and relationships

Moving in together, getting married, growing your family, separation and divorce, child custody and domestic violence.

What is family law?

Family law is a broad area of law and involves the legal obligations and responsibilities of couples who marry, live together as de facto partners or have children together. Family Law can apply at any time in the relationship – including before, during and after the relationship.

Issues covered by family law

Australia's family law system helps people resolve legal issues that arise from a family relationship. Such issues, include:

  • living arrangements and time a child spends with parents, a grandparent or any other person concerned with the care, welfare and development of a child
  • the issues concerning the care, welfare and development of a child
  • the property and financial arrangements between a couple: before, during and after a relationship
  • the financial support from one member of a couple to the other after a relationship ends – spousal maintenance
  • any financial support for children after a relationship ends – i.e. child support or child maintenance
  • any financial support for adult children after a relationship ends – i.e. adult child maintenance
  • ending a marriage – i.e. divorce/annulment

If you have a family law issue, you can seek assistance from a family solicitor or a Family Relationship Centre. To locate a Family Relationship Centre, call the Family Relationship Advice Line on 1800 050 321 between 8am - 8pm Monday to Friday and 10am - 4pm Saturday. The Advice Line uses interpreters if needed. You can also visit Family Relationships Online.

Top tip

If you have a complex matter, you may need a family law accredited specialist.

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Family law frequently asked questions

Family solicitors can be found in private law firms, legal aid offices and community legal centres.

Family solicitors represent people in resolving family law disputes via dispute resolution or, if unsuccessful, in court. These practitioners have a complex set of skills that includes a thorough knowledge of state and Commonwealth law and court rulings and the ability to conduct court matters, when necessary.

Separation can be an upsetting experience for everyone involved. Parties need to consider important decisions about the future care of children, property and spousal maintenance. Working through these issues can be a challenging process.

If a person is considering separation or has separated, it is important that they seek legal guidance. A family solicitor can help a party to understand their legal rights and responsibilities and also explain how the law applies to their circumstances.

Family solicitors play an important role in assisting parties to reach an agreement. They provide the necessary advice to help each party to make informed decisions — often without the need to go to court. They may also alert their clients to issues they may not have considered, such as tax obligations once the parties have separated.

The Queensland Law Society can refer a party to an accredited specialist family solicitor who has successfully completed an advanced, peer-reviewed assessment program in family law and who is highly skilled in this area.

Law relating to family matters can occur in a number of different courts. For example, if you are in the process of separation, it will be dealt with by the Federal Circuit and Family Court of Australia (the ‘FCFCOA’). If you are in a situation involving either the Queensland state government (i.e. Child Protection), or domestic family violence, the matter will be handled within the Brisbane Magistrates Court.

The family law system encourages people to agree on arrangements without going to court. Where it is safe to do so, parties must first follow what are referred to as pre-action procedures.

The pre-action procedures require that before filing a family law court application (other than a divorce application), parties must take ‘genuine steps’ to resolve the issues in dispute. Unless exempt, all parties must:

  1. read the pre-action procedures
  2. make inquiries about, invite the other parties to and where it is safe to do so, participate in dispute resolution services, such as family counselling, negotiation, Family Dispute Resolution, conciliation or arbitration
  3. if dispute resolution is unsuccessful, write to the other parties giving them notice of their intention to start court proceedings and setting out the issues in dispute, the orders they will ask the court to make and exploring options for settlement, and
  4. comply, as far as practicable, with the duty of disclosure by exchanging relevant documents.

Exemptions to the requirement to complete pre-action procedures before filing an application include urgency, allegations of family violence or a risk of family violence, and undue prejudice to the applicant.

For more information about the pre-action procedure for parenting cases, including a step-by-step description, further detail about exemptions and details regarding the parties’ obligations, please see the brochures on the Federal Circuit and Family Court of Australia website: Before you file – pre-action procedure for parenting cases (prescribed brochure) and Compulsory pre-filing Family Dispute Resolution – court procedures and requirements

For more information about the pre-action procedure for financial cases, including a step-by-step description, the full list of exemptions and the consequences of non-compliance, please see the prescribed brochure on the Federal Circuit and Family Court of Australia website: Before you file – pre-action procedure for financial cases (prescribed brochure) and Duty of disclosure

It is strongly recommended that you formalise any agreement in a written document to ensure that you and your family have certainty for the future.
A number of different types of documents can formalise an agreement about a family law issue, depending on your circumstances.

  • For a parenting case:
    • A parenting plan
  • if you are able to agree, you may be able to avoid trial costs and obtain a court order (referred to as a consent order) with minimal cost to the parties For a property/financial case:
    • A binding financial agreement
    • A court order – again referred to as a consent order
  • For a child support / child maintenance issue:
    • A court order (if linked to another family law issue)
    • A limited child support agreement
    • A binding child support agreement.

A family lawyer can help you to prepare any of the above listed documents.

If the parties cannot reach an agreement, they may consider applying to the court for appropriate orders. Going to court can be stressful, expensive and time-consuming. Sometimes, however, it is the only way to resolve a dispute. T. A family lawyer can advise the parties about applying to the court.

Even when an application for a court order has been filed, it is still possible at any time for the parties to reach an agreement without the need for a final court hearing (also known as a trial).

Each party who is the subject of a court order is legally bound by it and must comply with it.

Services in the community can help the parties and their families to adjust to, and comply with, a court order:

If a party does not comply with an order or a party wishes to change its terms, they may file an application for contravention (for parenting or other child-related orders), enforcement (except for parenting orders) or variation of the order.

For more information about compliance with parenting orders, see the court website: Compliance with parenting or other child-related orders

For information about compliance with financial orders, see the court website: Finances and property: compliance and enforcement

These are complex areas of law and parties are encouraged to seek legal advice before making such applications.

The first step to resolving a family law issue – dispute resolution

Dispute resolution refers to a range of services to help people resolve their matters arising from separation and can include family counselling, Family Dispute Resolution, negotiation, conciliation or arbitration.

For parenting cases, parties must participate in Family Dispute Resolution before filing an application in the Federal Circuit and Family Court of Australia for an order in relation to a child. There are exemptions, including if there is family violence as detailed below.

For property and financial cases before filing an application in the Federal Circuit and Family Court of Australia, parties must also follow the pre-action procedures set by the Court Rules. These procedures include participating in dispute resolution, which could include Family Dispute Resolution, where it is safe to do so.

Family Dispute Resolution (FDR) is an opportunity for parents to discuss, and attempt to reach, an agreement about the living arrangements or any issues concerning their children. FDR can also be used to discuss property matters. A neutral person, called a FDR practitioner (usually a trained social worker, counsellor or lawyer), assists in this process.

If a matter is not resolved during FDR, parties will still need to follow the additional pre-action procedures before filing a court application (explained above).

An exemption to the requirement to participate in FDR for a parenting matter may apply if:

  • the matter is urgent
  • there has been abuse of a child by one of the parties
  • there would be a risk of child abuse if there was a delay in applying to the court
  • there has been family violence by one of the parties
  • there is a risk of family violence by one of the parties
  • the application relates to an alleged contravention of a parenting order made within the last 12 months
  • one or more of the parties is unable to participate effectively in FDR (because of any incapacity, physical remoteness from dispute resolution services or some other reason).

You can arrange FDR either via a private FDR practitioner or via a government subsidised agency.

Visit familyrelationships.gov.au or call 1800 050 321 to find out more about dispute resolution and registered providers in your area.

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