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This document summarises some of the more commonly asked questions regarding the Federal Circuit and Family Court of Australia (Family Court). If your question is not answered on this page or you need further advice on any family law-related matter please phone us on 02 6651 8440 or email info@bryantmckinnon.com.au.
Updated February 2026
Not necessarily. You and your former partner may come to an agreement about the division of your property without involving the Court. However, even if you don’t need the Court’s involvement, it’s a good idea to speak with a lawyer so you can ‘compare’ your agreement with the potential outcome at Court.
Not necessarily. You and your former partner may be able to come to an agreement outside of Court. The Court may still have a role in approving your agreement and issuing Consent Orders to formalise that agreement. You should get the opinion of a family law accredited specialist as to whether a Court would likely approve your agreement.
No. You may choose to represent yourself. How does the Court determine a property settlement? The Family Law Act specifies how to distribute property when a marriage or de facto relationship dissolves, although the Court also has wide discretion in determining what is just and equitable.
This is the typical process:
STEP 1: What is the value of you and your partner’s assets, liabilities and financial resources?
STEP 2: What were each of you and your partner’s contributions to the property pool? This includes financial and non-financial, direct and indirect contributions, as well as contributions as homemaker or parent.
STEP 3: Should you or your partner receive any adjustment for current and future needs? There is a long list of factors that may justify an adjustment, including health, capacity for work, dependants and new living arrangements.
STEP 4: Based on the results of steps 1, 2 and 3, who should receive what property, having regard to what is just and equitable in all the circumstances?
See our downloadable resource FAQs Property Settlement for more information about property settlements.
The Court’s primary consideration is what is in the best interests of the child, with a focus on the safety of the child and the safety of those who care for the child. The Court will consider a range of factors, including the child’s views (depending on age and maturity), the child’s relationships, and each parent’s capacity to meet the child’s needs. There is no presumption that a child will spend equal time with each parent. See our downloadable resource FAQs Children’s Matters for more information about parenting arrangements.
If there is an existing or pending family violence order involving you or your children, you must inform the Court. If you are worried about your personal safety or the safety of your children but have not made an application for a family violence order, you can still tell the Court. The Court will work with you to put appropriate measures in place.
Your first Court event will usually be before a Judicial Registrar and is focused on case management. The specifics of what will happen depend on whether your dispute with your former partner relates to financial matters, parenting arrangements or both. The Judicial Registrar will direct you and your former partner on next steps, which may involve further negotiations, reports, dispute resolution or preparation for a hearing. Judicial Registrars have limited powers and generally do not determine final outcomes at this stage.
A Court Order is a document issued by the Court which states the decisions the Court has made and anything the Court requires you or your former partner to do. A Court Order creates obligations that you and your former partner must comply with. With Parenting Orders, the Court will attach the fact sheet ‘Parenting orders – obligations, consequences and who can help’ that should be read by anyone subject to the Parenting Order.
If your former partner fails to do what a Court Order requires, and you cannot resolve the issue outside of Court, you can apply to the Court for a further Court Order to enforce the original Order. Remedies vary between the making of costs orders, make-up time, variation of original orders or, in serious cases, imprisonment.
The Court may appoint an Independent Children’s Lawyer to represent the best interests of your child in Court proceedings. The lawyer can talk to your child and, with your permission, other adults in your child’s life such as teachers or doctors. The lawyer will communicate with the Court on behalf of your child and tell the Court what they believe to be in your child’s best interests. The lawyer will also protect your child’s interests while the Court proceedings are underway.
A Court Child Expert is a suitably qualified professional who the Court may assign to your parenting dispute with your former partner. The Court Child Expert assists the Court by providing information and reports. Anything you or your former partner says to a Court Child Expert may be disclosed to the Court.
A Child Impact Report is a short report prepared for the Court to provide early information about a child’s circumstances and any issues that may affect their safety or wellbeing.
Court-based Family Dispute Resolution is conducted by a Registrar and aims to assist parents to resolve parenting issues early, where it is safe and appropriate to do so.
A Conciliation Conference is an opportunity for you and your former partner to negotiate an agreement, usually focusing on finances. If the Court orders a conference, you and your former partner must attend. You must also exchange all relevant documents with your former partner in advance. If the conference or mediation is ordered and facilitated by the Court, you will be appointed a Registrar or mediator and will have the opportunity to discuss financial matters over a short period only. If you and your former partner agree to participate in mediation that is not ordered or facilitated by the Court, you may choose your mediator and may discuss both parenting and property matters over a longer period.
This information is general in nature and does not constitute legal advice. Laws and procedures may change after publication, and some information may not apply to your particular circumstances. Please contact our office if you would like to arrange an appointment to obtain advice specific to your situation.