Plain-English Glossary Term What it means Best interests of the child The legal standard that must be the paramount (most important) consideration whenever a court makes a parenting order (Family Law Act 1975 (Cth), s 60CA). Parenting order A court order dealing with who a child lives with, spends time with, communicates with, or how…
Mediation lets separated couples negotiate a property settlement with an independent third party, instead of going straight to court. It is not compulsory for property matters the way it is for parenting disputes, but the Family Law Rules require parties to take genuine steps to resolve property disputes before filing in court. This article explains…
If you and your former partner agree on parenting, property, superannuation or maintenance arrangements, you can ask the Federal Circuit and Family Court of Australia to make Consent Orders, turning your agreement into a legally binding court order. The Court still checks that parenting terms are in the child’s best interests and that financial terms…
Once a couple intends to file a divorce in New South Wales, they must show that their marriage has broken down irretrievably and that they have been separated for at least 12 months. Divorce applications are filed in the Federal Circuit and Family Court of Australia, usually online through the Commonwealth Courts Portal. Divorce is…
If you have separated and there is a family home, one of the first questions is usually whether you can keep it. In NSW, the answer is not automatic. Even if the property is in your name, the court looks at the overall situation to decide what is fair. If you are dealing with separation…
