Family law in Australia: fees, deadlines and next steps

Which family-law process do you need?

Outside WA, the usual court for federal family proceedings is the Federal Circuit and Family Court of Australia (FCFCOA). In WA, the Family Court of Western Australia applies federal law to marriage cases and state law to de facto finances and parenting where the parents were never married. State protection and child-protection systems are separate.

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International connections, interstate moves, earlier relationship breakdowns and existing proceedings can change the route. Our WA guide and Victorian guide explain those local pathways in more detail.

Divorce: check separation and the effective date

Divorce is based on irretrievable breakdown, not proving who caused the marriage to end. Section 48 of the Family Law Act requires at least 12 months’ separation immediately before filing and no reasonable likelihood of resuming cohabitation. The court’s practical guide says to apply after 12 months and one day. Separation under one roof can qualify with evidence.

At filing, either spouse must be an Australian citizen, domiciled in Australia, or ordinarily resident here for the preceding year. These are alternatives: a year of residence is not required of every applicant. A qualifying reconciliation on one occasion lasting no more than three months can allow the separation periods before and after it to be combined, excluding the reconciliation period.

Check the correct court’s application and service instructions. A sole application requires service; a joint application does not require serving the other joint applicant. The current FCFCOA divorce practice direction explains documents and attendance. Follow your court’s directions rather than assuming every divorce needs an in-person hearing.

A divorce ordinarily takes effect one month and one day after it is granted, subject to the order and statutory qualifications. Use the effective date recorded on the order. Divorce does not itself divide assets, make parenting orders or end every financial issue. De facto partners do not need a divorce.

Australian divorce and family court fees in 2026

These Australian-dollar filing fees apply from 1 July 2026 and were checked on 23 October 2026 against the FCFCOA schedule and Family Court of WA schedule. GST does not apply to these court fees.

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Divorce has a reduced-fee route rather than a complete fee exemption. Other eligible court charges may be exempt under concession or hardship rules. See the federal court fee guidance or the WA schedule for your court. A fee reduction does not fund your lawyer; further court, service, expert and legal costs may arise.

Property and maintenance: check the filing clock

There is no automatic 50–50 division. The federal property framework considers property interests and debts, contributions, current and future circumstances, and whether an order is just and equitable. Maintenance is a separate question from property division and child support; it is not an automatic entitlement after separation.

Federal changes from 10 June 2025 expressly address relevant effects of family violence and place financial disclosure duties in the Act. They do not award a fixed percentage for violence or automatically reopen final property orders. Transition rules matter for final hearings already underway at commencement. The official reform explanation should be read with the current Act.

WA married couples use the federal property law; WA de facto property remains under the separate Family Court Act 1997. Do not assume every federal property reform applies to a WA de facto relationship. Relationship, geographical and commencement requirements also affect eligibility.

A relationship under two years is not automatically excluded from de facto financial claims. Federal section 90SB includes alternative gateways for a child of the relationship, prescribed registration, or substantial contributions by the applicant plus serious injustice to that applicant if no order were made. WA’s section 205Z differs: its child gateway requires a child under 18 and serious injustice to the caring/responsible partner; its contribution gateway also requires substantial applicant contributions and serious injustice. Geography must be checked separately.

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These are periods for starting relevant proceedings, not finishing settlement. A consultation or negotiation does not itself file an application. Financial matters have pre-action and disclosure requirements, with exceptions; they do not use the parenting certificate as a property-only filing requirement.

Parenting arrangements and family dispute resolution

The child’s best interests are paramount. Current law considers safety, the child’s views and needs, carers’ capacity, safe relationships and other relevant circumstances, with additional cultural considerations for Aboriginal and Torres Strait Islander children. There is no automatic equal-time rule or current presumption of equal shared parental responsibility. The federal changes began on 6 May 2024; corresponding WA changes for never-married parents began on 10 February 2025, subject to transition rules.

Most contested parenting applications require a family dispute resolution (FDR) certificate or an applicable exemption. Under federal section 60I, the relevant application cannot be accepted for filing without a certificate or court-granted exemption. Never-married parenting cases in WA use section 66H and its own procedure. Do not assume identical filing rules apply to both.

Relevant violence or abuse concerns, urgency and inability to participate can matter. The other person’s refusal may support a practitioner’s certificate; it is not a general automatic exemption. Tell the practitioner or lawyer about safety concerns before agreeing to mediation.

A parenting plan is not itself enforceable like a court order. Consent orders can formalise an agreement, subject to court approval. Existing orders and any later plan need to be considered together. The court’s agreement guide also explains financial agreements, which have separate requirements including independent legal advice.

Child support is a separate process

Services Australia usually assesses child support under the statutory formula, with eligibility and residence requirements. Income and care arrangements matter. A child-support assessment does not itself decide where a child lives or replace parenting orders.

If you disagree with a decision, keep the decision and its notice, identify the review route and check its deadline promptly. Some child-support matters can reach a court. Bring the assessment and care/income records to a consultation rather than assuming the general financial filing periods above apply to it.

Urgent safety concerns and existing court papers

Call 000 if anyone is in immediate danger. Protection orders and child protection use state or territory systems; the names, powers and processes vary. Show your adviser all current parenting, protection and other relevant orders, including any conditions about contact or communication.

If you have a hearing, response date, threatened child relocation or imminent asset transfer, identify that first when seeking help. Keep the full papers and safely available evidence. An urgent application may be appropriate, but no particular hearing time or outcome can be promised. Do not delay urgent assistance to finish a checklist.

Your first family lawyer consultation: preparation checklist

Bring what you safely and lawfully have. This is a first-call preparation list, not the full legal disclosure obligation or a requirement to delay advice until every document is available. Start with your next deadline and three priority questions.

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Official help and free legal information

Official information and eligible free assistance can help you choose a route. Legal-aid grants, duty help and ongoing representation have different eligibility and availability rules.

Common questions about family law in Australia

Related legal information