FAQ’s

What assets are included in a property settlement?

This may include real estate, investments, savings, superannuation, vehicles, businesses, and liabilities.

What are parenting orders?

Parenting orders are orders made by the Federal Circuit and Family Court of Australia about children. They can set out who a child lives with, the time and communication a child has with each parent and with other people important to them, and who holds parental responsibility for major long-term decisions such as schooling, health and religion. They can be made by consent, where you and the other parent agree, or by the Court after a hearing where you cannot. In either case the child’s best interests are the paramount consideration.

Can a child choose which parent they live with?

A child’s views may be considered depending on their age and maturity, but they do not make the final decision.

How is child support calculated?

In most cases Services Australia applies a formula set by legislation. It takes into account each parent’s income, the percentage of care each parent provides (based on the number of nights), the number and ages of the children, and whether either parent supports other children. Some assessments are instead based on a fixed or minimum rate. A formula result does not suit every family, and there are processes for changing an assessment or, in some circumstances, asking the Court to depart from it.

What is considered family violence?

Under the Family Law Act 1975, family violence is violent, threatening or other behaviour that coerces or controls a member of the family, or causes them to be fearful. It is much broader than physical assault. It can include emotional and psychological abuse, financial or economic abuse, threats, stalking and monitoring, damage to property, harm to animals, and exposing children to any of these. You do not need to have reported it, and you do not need physical injuries, for it to be relevant to your family law matter.

Do I need a lawyer to get divorced?

No. You can prepare and file your own divorce application through the Commonwealth Courts Portal, and the Court is clear that you are not required to be represented. Advice is worth getting where there are children under 18, where you were separated but living under the same roof, where your former spouse cannot be located or may oppose the application, or where your marriage certificate is unavailable or not in English. It is also worth taking advice on property before you divorce, because a 12-month time limit starts once the divorce is final.

How is property divided after separation?

There is no formula and no fixed percentage. The Court identifies and values the assets, liabilities and financial resources of both parties; assesses each party’s contributions, financial and non-financial, including as homemaker and parent; considers each party’s future needs, taking in age, health, income, earning capacity and care of children; and then asks whether the overall result is just and equitable. Since 10 June 2025 the Court must also consider the economic effect of family violence, including financial and economic abuse.

What is the difference between separation and divorce?

Separation is a question of fact: the point at which the relationship ended and that was communicated. Divorce is a legal process that formally ends a marriage, and it requires you to have been separated for at least 12 months and one day. Neither resolves your property, your finances or the arrangements for your children — those are dealt with separately, by agreement or by court orders. You can resolve property and parenting without ever applying for a divorce, and in many cases it is better to deal with property first.

What is the process once I contact Empower Family Law & Mediation?

We arrange an initial appointment, which usually runs for 1 to 1.5 hours. The first 30 minutes are at no charge. At that appointment we listen to your instructions and give you advice on your rights, entitlements and options for settlement, so you leave understanding your options, your estimated legal costs and what to expect from us. After the appointment we send our Costs Agreement, which sets out the terms of your engagement and an estimate of your total legal costs.

What should I bring to my first appointment?

Bring what you have, and do not delay the appointment to gather the rest. For financial matters it helps to have recent taxation returns and notices of assessment, payslips or business financial statements, bank and credit card statements including joint accounts, superannuation member statements for every fund, and documents for any property and loans. Also note the date of separation and how it was communicated. For parenting matters, a short chronology is usually more useful than documents: the current routine, schooling, health arrangements and anything affecting safety.

Do de facto couples have the same rights as married couples?

For property and maintenance, broadly the same principles apply. The differences are in what you must first establish and how long you have. The Court must be satisfied that there was a genuine de facto relationship which has broken down, that you have a geographical connection to a participating jurisdiction — every state and territory except Western Australia — and that at least one of four criteria is met: the relationship lasted at least two years, there is a child of the relationship, it was registered under a state or territory law, or one party made significant contributions and serious injustice would result without an order.

How quickly can I get an appointment?

Call us on (03) 7020 6542 and we will let you know the earliest time available. We offer flexible and remote consultations, and can conduct most appointments including initial consultations by Microsoft Teams, which often means an earlier appointment than waiting for an in-person meeting in the Melbourne CBD. If your situation is urgent — for example a risk to safety, a child about to be removed, or assets about to be dealt with — tell us when you call.

Can de facto partners seek property settlement after separation?

Yes. A former de facto partner can apply for a property settlement and for maintenance, provided the jurisdictional requirements are met. The time limit is different from a marriage: you must apply within two years of the breakdown of the relationship, where a married person has 12 months from the date their divorce becomes final. If you are outside that period you need the Court’s permission to proceed, which is not always granted.

Can family law matters be resolved without going to court?

Yes, and most are. Options include negotiation between lawyers, family dispute resolution with an accredited practitioner, mediation and arbitration. In parenting matters, family dispute resolution is mandatory before an application can be filed unless an exemption is granted. Once you reach agreement you can make it binding through consent orders or a financial agreement — an informal agreement binds nobody, and a parenting plan, unlike parenting orders, is not legally enforceable. You can also settle at any stage after proceedings have started.

At Empower Family Law and Mediation, we can help you to ensure that your Financial Agreement clearly sets out your agreement and meets all legal requirements.

From your very first conference with us you will know where you stand, what your options are and what to expect.

That is why your first 30-minute consultation with us is FREE.

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Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Questions about cost and process

Can I get legal aid or free advice? The Australian Government funds a range of services. The Family Relationship Advice Line on 1800 050 321 provides free information and limited legal advice, and runs a legal advice line staffed by qualified lawyers. Legal aid commissions and community legal centres assist in many matters. Family Relationship Centres provide information, referral and individual sessions free of charge, and one hour of joint dispute resolution free per couple.

What does the Court charge? Court fees are separate from legal fees and are set by regulation. As at 26 October 2026 a divorce application costs $1,170, with a reduced fee of $390 for those who qualify, for example holders of a health care card. Reductions and exemptions are also available on financial hardship grounds. Fees change, so confirm the current amount before filing.

How do I know if my matter is urgent? Urgency in the family law sense means that waiting would make the harm irreversible or the eventual order pointless — a child about to be removed from Australia, assets about to be dissipated, a party left without the means to meet immediate living expenses, or a safety concern requiring immediate protection. Frustration with delay, on its own, is not urgency.

Questions about children

Do grandparents have rights? Grandparents do not have automatic rights, but they can apply for parenting orders, as can any person concerned with a child's care, welfare and development. Among the matters the Court must consider is the benefit to the child of a relationship with people who are significant to them, where it is safe.

What happens if the other parent breaches the orders? There is a dedicated compliance and enforcement process. Where a child who normally lives with you has not been returned, you can apply for a recovery order. Where a child has been taken overseas, the Hague Convention framework may apply.

Will my child have to go to court? No. Children do not give evidence. Where the Court needs to understand a child's circumstances it may order a report, and the author decides whether to observe the child with each parent and whether to meet them separately.

Questions about property

What if my former partner will not disclose their finances? The duty of disclosure is enforceable. The Court can make orders for disclosure, require answers to specific questions, and order the production of documents. Failing to disclose, or filing a false undertaking, can result in evidence being excluded, a case being stayed or dismissed, costs orders, or a finding of contempt.

Does it matter who left, or who was at fault? No. Australia has no-fault divorce, and conduct is not generally relevant to how property is divided. The exception is the economic effect of family violence, which since 10 June 2025 the Court must specifically consider.

What happens to the family pet? Pets are property under the Family Law Act 1975, where the term is companion animal, and since 10 June 2025 they have had a framework of their own. The Court can only order that one party own the animal, that it be transferred to another person who has consented, or that it be sold — it cannot order shared ownership or shared care. In deciding, it weighs how the animal was acquired, who owns or possesses it, who cared and paid for it, any family violence between the parties, any history of actual or threatened cruelty towards the animal, any attachment held by a party or a child, and each party's demonstrated ability to care for it in future unaided. Assistance animals, business and agricultural animals and laboratory animals are excluded from the definition. Most couples settle this between themselves, and existing orders are not affected by the change.

Court information in this section reflects the published guidance of the Federal Circuit and Family Court of Australia and Services Australia, as at 27 October 2026. It is general information only, not legal advice.