Question 1

How do I get a divorce in Australia?

Accepted Answer

Divorce in Australia is a court application to end a valid marriage. Under the Family Law Act 1975 (Cth) the ground is irretrievable breakdown, shown by 12 months of separation. You generally apply to the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia if you live in WA). Divorce does not decide parenting or property. This is general information, not advice for your filing.

Question 2

What is the difference between separation and divorce?

Accepted Answer

Separation is when a married or de facto couple stop living together as a couple. Divorce is the court order that legally ends a marriage. You can be separated — including “separated under one roof” — long before a divorce order. De facto couples do not divorce; they separate, and financial or parenting issues are dealt with under family law if they qualify.

Question 3

How long must I be separated before filing for divorce?

Accepted Answer

You generally need to have been separated for at least 12 months immediately before filing. If you have been married less than two years, extra counselling-related requirements can apply. Confirm current filing rules on the FCFCOA website before you lodge anything.

Question 4

How is property divided after separation?

Accepted Answer

Australian family courts aim for a just and equitable alteration of property interests. In broad terms, courts identify the asset and liability pool, weigh contributions, consider future needs, and then stand back to check the overall result is just and equitable. There is no automatic 50/50 split and no reliable “we will win” percentage. Adultery is not a factor in the property adjustment itself.

Question 5

What is a parenting plan?

Accepted Answer

A parenting plan is a written, signed and dated agreement between parents (or other people with parental responsibility) about the care of children. It is not a court order. It can be a practical, flexible record of living arrangements, time, communication and decision-making. It is different from a parenting order, which is made by a court and is enforceable as an order.

Question 6

Do I have to go to mediation before court?

Accepted Answer

In most parenting cases, a person must attempt family dispute resolution (FDR) and obtain a section 60I certificate before filing a parenting application, unless an exception applies — for example family violence, urgency or certain risk issues. Property-only disputes do not use the same 60I rule, but mediation is still commonly used. Check current exceptions with a lawyer or FDR provider.

Question 7

What should I do if there is family violence?

Accepted Answer

If you or a child are in immediate danger, call 000. For confidential counselling and referral, contact 1800RESPECT on 1800 737 732 or visit 1800respect.org.au. Family violence can affect parenting, safety planning and court procedure. Do not rely on this site for safety decisions. Speak to police, a specialist service and a lawyer who understands family-violence matters.

Question 8

Can I get family law help online in Australia?

Accepted Answer

Yes — online information, document checklists and, in some cases, limited-scope (unbundled) advice from a practising lawyer can help you understand options. Online information is not the same as full representation. A lawyer who appears for you in court takes on different duties, conflicts checks and engagement terms. This site is educational only and does not represent you.

Question 9

When should I hire a family lawyer?

Accepted Answer

Consider personalised advice when there is family violence or child-safety risk, a complex asset pool (business, trusts, super, overseas property), a proposed binding financial agreement, time limits, or a court deadline. Early advice can also help you understand FDR, disclosure and what a consent order can and cannot do.

Question 10

Is this legal advice?

Accepted Answer

No. Everything on onlinefamilylawyer.com.au is general information about Australian family law. It does not consider your facts, does not create a solicitor–client relationship, and must not be relied on as advice. Speak to a qualified Australian family lawyer or Legal Aid service about your situation.

Question 11

What documents do I need for property settlement?

Accepted Answer

Expect to gather bank and loan statements, tax returns, superannuation information, titles or lease documents, business financials if relevant, credit-card statements, and records of inheritances or gifts. Full and frank disclosure is a duty. See the documents guide for a longer checklist — still not a substitute for advice.

Question 12

Does adultery affect property settlement in Australia?

Accepted Answer

No. Property adjustment is not a blame exercise. An affair does not, by itself, change the pool. Different facts — waste of assets, or family violence relevant to contributions or needs — are specific legal arguments, not a moral bonus.

Question 13

Can grandparents apply for parenting orders?

Accepted Answer

Yes. A grandparent or another person concerned with a child’s care, welfare or development may apply. The court still decides by reference to the child’s best interests. Applying is not the same as succeeding.

Question 14

Can I change a parenting order?

Accepted Answer

By agreement, you may seek new consent orders. Without agreement, reopening final parenting orders generally requires a proper legal basis, often discussed as a significant change in circumstances. Get advice before you file a second case about the same child.

Question 15

Is a text message agreement about kids legally binding?

Accepted Answer

Not as a parenting plan and not as a parenting order. Texts can be evidence of what was discussed. If you need something a court will enforce, you are usually talking about orders.

Question 16

What is a de facto relationship under family law?

Accepted Answer

Two people who are not married or related, living together as a couple on a genuine domestic basis. Courts weigh several circumstances; no single factor is required. Property cases usually need an extra gateway such as a two-year relationship or a child.

Question 17

How does Legal Aid work for family law?

Accepted Answer

Each state and territory commission applies its own means and merit tests and practice guidelines. Some family-violence and child-protection-adjacent matters are more often in scope than a high-asset property fight. Apply through your local commission via National Legal Aid.

Question 18

What are consent orders?

Accepted Answer

Court orders made because everyone agrees on the wording. The court can still say no if parenting orders are not in a child’s best interests or a property deal is not just and equitable.

Question 19

What happens at the Family Court / FCFCOA?

Accepted Answer

Filing, service, a first court event, a timetable, often more dispute resolution, sometimes interim hearings, and only in some cases a final trial before a judge. There is no jury. Western Australia generally uses the Family Court of WA.

Question 20

What is spousal maintenance?

Accepted Answer

Money one adult may pay so the other can support themselves after a marriage or eligible de facto relationship, based on need and capacity. It is not child support.

Question 21

What is a binding financial agreement?

Accepted Answer

A private Family Law Act contract about property or spouse maintenance. Each party must receive independent legal advice and lawyers must give the required certificates. Informal notes are not BFAs.

Question 22

Online family lawyer vs full representation — what’s the difference?

Accepted Answer

This website is public education. Full representation means a practising lawyer is on the court record. Unbundled help is a scoped task if a lawyer agrees in writing. Browsing does not create a retainer.

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