If you have made a genuine attempt to resolve your dispute and you still cannot agree you can apply to the Court for orders.
You should seek independent legal advice in relation to your circumstances in order to understand your rights, responsibilities and obligations in your case.
If you do not agree: To ask the Court to make orders, one party can start court proceedings by filing an Initiating Application and other required documents. There are procedures you must follow before you commence action in the Court.
For a step-by-step guide see How do I apply for parenting orders?.
If you do agree: To formalise your agreement and make it legally binding you can apply to the Court for consent orders. For a step-by-step guide see How do I apply for consent orders?.
NOTE: You can apply for both parenting and financial orders in the same application.
If you have made a genuine attempt to resolve your dispute and you still cannot agree you can apply to the Court for orders.
You should seek independent legal advice in relation to your circumstances in order to understand your rights, responsibilities and obligations in your case.
If you do not agree: To ask the Court to make orders, one party can start court proceedings by filing an Initiating Application and any other required documents. There are procedures you must follow before you commence action in the Court.
For a step-by-step guide see How do I apply for property and financial orders?.
If you agree: To formalise your agreement and make it legally binding you can apply to the Court for consent orders. For a step-by-step guide see How do I apply for consent orders?.
NOTE: You can apply for both financial and parenting orders in the same application.
Once a family law matter is set down for trial/defended hearing the following fees become payable and you will receive a statement via email or post:
- Setting down fee: Payable 28 days prior to the hearing. The setting down fee remains payable even if the proceedings do not go ahead and there is no refund if the hearing does not proceed.
- Daily Hearing fee: Payable if your matter is set down for hearing for more than 1 day. The fee applies for each subsequent day after the first day. It is payable at least two working days prior to the first hearing day and may be refundable if the matter does not go ahead and the Court is notified. If the parties attend to hand up terms of settlement a refund can still be requested.
You can pay the fees with your debit or credit card online using Family Law Fees eServices by entering the Payment Identification number (PID) on your statement.
Fees are set by government regulations, see Family Law (Fees) Regulations 2022.
NOTE: You may be eligible for an exemption of fees, see Guidelines for exemption of court fees (Family Law).
Any application or document filed with the Court must be served on all the parties to the proceedings, including the Independent Children’s Lawyer, if appointed, unless a court order says otherwise.
Documents must be served as soon as practicable after filing, and at least seven days prior to the hearing of the application or at least three days prior to the hearing of an interlocutory application.
Proof of this service must then be filed with the Court.
For a step-by-step guide see How do I serve family law documents?.
If you are serving a divorce application see How do I serve a divorce?
When a court order is made, each person affected by the order must comply with (follow) the order. This includes taking all reasonable steps to comply with the order. Alleged breaches of orders are taken seriously, and are dealt with through the National Contravention List.
Before you apply you must read the information about the options available when applying for a contravention of parenting and/or financial orders:
For more information see How do I apply to the Court when parenting orders have been contravened (breached) or not complied with?
Court orders (except appeals) are signed and sealed electronically and available to download from the Commonwealth Courts Portal (the Portal).
For a step-by-step guide to accessing your orders see How do I access my orders?.
If you need proof of your divorce, see How do I prove I am divorced?.
There are different types of court events at different stages of you proceedings. For a brief overview see Family law: Hearing types.
The Court takes family violence seriously and has various measures in place to ensure you are safe when you come to court. If you have any fears about attending a court appointment see Safety at Court and tell the Court as soon as possible.
Court is a formal place, for information on the etiquette required and some tips on how to prepare for attending the Court in person, see Etiquette and tips. For online hearings see Electronic hearings.
If you do not have a lawyer representing you, see Representing myself.
For information about the support that may be available at court see Court support.
Separation is often a difficult time; it can be stressful, and you may feel unsure about what to do next.
Marriage, families and separation provides information for people considering, or affected by separation or divorce.
Most people don't need to come to court to make arrangements for their children or dividing property and finances after separation. There is no need for parenting and/or financial arrangements to be decided by a court - unless it is not safe to make your own agreement, or after making a genuine attempt to resolve your dispute, you still cannot agree.
For more information about separation and resolving disputes with your former partner see Separate smarter.
