Not legal advice. General information about Australian family law only — not a substitute for a qualified lawyer, and not a solicitor–client relationship. Full disclaimer
Glossary
Definitions written to be quoted. If a word decides a filing or a signature, stop and get advice — a glossary is not a statute.
These definitions are written to be quoted. They are still general information about Australian family law — not a statute, not a court form, and not advice. If a word decides a filing or a signature, stop and get advice from a qualified lawyer. Western Australia generally uses the Family Court of Western Australia instead of the FCFCOA.
The paramount consideration when a court makes a parenting order. The Family Law Act sets out how that question is approached. It is not a slogan for either parent and it is not a trophy at the end of a contest. Read the current Act rather than an old blog checklist.
A private agreement under the Family Law Act about property or spouse maintenance. Each party must receive independent legal advice. Often called a prenup when signed before a relationship.
Financial support for children after separation, usually assessed by Services Australia using a formula. Separate from parenting orders and from spousal maintenance.
Court orders made because the parties agree on the terms. The court can still refuse if the orders are not proper.
A couple living together on a genuine domestic basis who are not married to each other. Property cases usually need an extra gateway (commonly two years, a child, or substantial contributions).
A court order that legally ends a valid marriage. In Australia it is no-fault and usually requires 12 months of separation. It does not divide property or set parenting time.
A structured process with an accredited practitioner to help families resolve disputes. Most parenting court applications need a section 60I certificate from an FDR practitioner unless an exception applies.
The main Commonwealth statute for divorce, parenting, property and maintenance for married and (in most of Australia) de facto couples. Western Australia has important local differences.
Violent, threatening or other behaviour that coerces, controls or causes fear, as defined in the Family Law Act. Call 000 in an emergency. 1800RESPECT: 1800 737 732.
Federal Circuit and Family Court of Australia — the national family court for most of Australia. Western Australia generally uses the Family Court of Western Australia instead.
The sole ground for divorce in Australia, shown by 12 months of separation with no reasonable likelihood of resuming married life.
The standard for altering property interests after a marriage or eligible de facto relationship. It is not an automatic 50/50 split.
A family-court order about a child, including live-with, time and aspects of parental responsibility. Enforceable as an order.
A written, signed and dated agreement about parenting. It is not a court order. A text message is not a parenting plan.
A certificate from an FDR practitioner that is generally required before filing a parenting application, unless an exception (such as family violence or urgency) applies.
The end of a married or de facto couple relationship as a matter of fact. It is not a court order. Divorce is a later process that only applies to a marriage.
Separation while still sharing a home. Extra evidence is often needed to show the couple relationship actually ended.
Financial support for a former spouse or eligible de facto partner who cannot adequately support themselves, where the other party can reasonably pay. It is not child support and not automatic after divorce.
The duty in family-law property work to give a full and frank picture of assets, liabilities and financial resources. Hiding accounts is a problem, not a strategy.
A time limit for starting certain applications. Married property and maintenance applications often face 12 months after a divorce becomes final. De facto applications often face 24 months from the end of the relationship. Confirm current rules.
A practising lawyer is engaged for a defined task — for example reviewing a minute — not for the whole case. It only exists if the lawyer agrees in writing. This website does not offer it.
The duties and powers parents have for a child, including major long-term decisions. How it is allocated in orders is a legal question. It is not a slogan that one parent “has custody.”
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.