Family Law

You must be separated for at least 12 months before applying for a divorce in Australia.

You must give at least one month’s notice before your wedding by lodging a Notice of Intended Marriage (NOIM) with an authorised celebrant.

You can apply to the Federal Circuit and Family Court of Australia for parenting orders. If you already have orders and they’re being breached, you may file an application alleging contravention.

The court decides child custody (now called 'parenting arrangements') based solely on the best interests of the child, as set out in the Family Law Act 1975.

Yes, you may be able to stop the move — the court must decide whether it’s in the children’s best interests, and the parent wanting to relocate must apply for permission if it would substantially affect the other parent’s time with the children.

A child's preference is one factor courts consider in custody decisions, but it is not decisive — the child's best interests remain the paramount consideration under Australian law.

In Australia, there is no fixed age at which a child can independently decide where to live — the court considers their views as one factor among many, with greater weight given as they mature, especially from around 12 years old.

Yes, grandparents in Australia have the legal right to apply to court for parenting orders allowing time with their grandchildren, but there is no automatic right to see them.

Australian courts take false allegations of domestic violence seriously and may dismiss them after scrutiny, but they always prioritise the child’s safety and best interests first.

Yes, you can apply to change your child support amount if your income has dropped significantly — the Child Support Agency (Services Australia) can reassess your assessment based on current income.

Child support in Australia is calculated using a formula set out in the Child Support (Assessment) Act 1989, based on parents’ incomes, care time, and the number and ages of children.

You can ask the Child Support Agency (Services Australia) to enforce unpaid child support through deductions from wages, tax refunds, or legal action in the Federal Circuit and Family Court of Australia.

Yes, you can make a private child support agreement with your ex, but it must be in writing, signed by both parties, and either registered with Services Australia or meet strict legal requirements to be enforceable.

Property division after divorce in Australia follows a four-step process under the Family Law Act: identify assets, assess contributions, consider future needs, and make a just and equitable order.

Yes, you and your ex can make a property settlement legally binding without going to court by entering into a formal financial agreement under the Family Law Act.

Yes, you may be entitled to property division under the Family Law Act if your de facto relationship lasted at least 2 years or meets other qualifying criteria.

Yes, superannuation accumulated during marriage can be split as part of property settlement in divorce under Australian family law.

Yes, your greater financial contribution may be recognised, but the court considers all contributions — financial and non-financial — as well as future needs when dividing property.

Yes, the court can adjust the property division if your ex hid assets before settlement — this is considered dishonest conduct that may lead to a less favourable outcome for them.

You can apply for a Domestic Violence Order (DVO) or Apprehended Violence Order (AVO), depending on your state or territory — these legally prohibit your ex-partner from contacting, approaching, or threatening you.

You can apply to the Federal Circuit and Family Court of Australia for parenting orders that restrict or supervise your ex’s time with your child, or seek an urgent safety order if there is immediate risk.

You may be entitled to spousal maintenance if you cannot meet your reasonable living expenses and your ex has the capacity to pay — but there is no automatic right based on income disparity alone.

In Australia, your homemaker contributions as a stay-at-home parent are treated equally with financial contributions and are assessed based on their overall effect on the welfare and stability of the family. Courts consider the duration, nature, and impact of your contributions—not monetary value.

Yes, a marriage can be annulled in Australia if it was entered into without your real consent — for example, due to coercion or duress by your family.

Yes, your marriage is still valid in Australia if it met all other legal requirements — the celebrant’s registration status does not automatically invalidate the marriage.