FAMILY COURT OF AUSTRALIA Marriage, families &

separation
FEDERAL CIRCUIT COURT OF AUSTRALIA

Separation
This brochure provides information for people Separation can be an upsetting experience for everyone involved.
considering, or affected by separation or divorce. It is understandable that you may be stressed at this time. It is
important for you and your children that you have the appropriate
It includes information about: support to help you through this difficult time.
n the social and legal effects of separation
When you separate, you and your former partner may need to
n the services provided to families by the Family make important decisions about the future care of your children
Court of Australia and the Federal Circuit Court of and how to divide your property, money and belongings. Working
Australia and by government, community and other through these issues is often difficult and emotionally challenging.
agencies, and
Separation is also usually a stressful time for your children. They
n some of the steps involved in court proceedings. may experience a range of emotions that are difficult for them to
deal with and talk about with you. They may also behave in ways
that are unusual for them.

Legal advice There are services in the community that can help:
– you and your partner work through any problems in your
If you are considering separation or have separated, relationship
you should seek legal advice. A lawyer can help you – you and your children adjust to separation or divorce
understand your legal rights and responsibilities, – you and your former partner reach an agreement, and
and explain how the law applies to your case. – you and your family adjust to and comply with court orders.
A  lawyer can also explain and help you reach an
agreement with your former partner without going To find a community service near you:
to court. You can get legal advice from a: n Go to www.familyrelationships.gov.au, or
– legal aid office n Call 1800 050 321
– community legal centre, or
– private law firm.
Court staff can help you with questions about court
forms and court processes, but cannot give you legal
Family violence
advice. If you are in danger you should call 000 immediately
(Australian emergency number).

National
Personal safety NATIONAL DOMESTIC
VIOLENCE HOTLINE n 1800 799 7233 n www.thehotline.org

If you have any concerns about your safety while 1800 RESPECT n 1800 737 732 n www.1800respect.org.au
attending court, please call 1300 352 000 before MENSLINE n 1300 789 978 n www.mensline.org.au
your court appointment or hearing. Options for your
MEN’S REFERRAL SERVICE n 1300 766 491 n www.ntv.org.au
safety at court will be discussed and arrangements
put in place. By law, people must inform the Court if LIFELINE n 13 11 14 n www.lifeline.org.au
there is an existing or pending family violence order FAMILY VIOLENCE
involving themselves or their children. More detail LAW HELP n familyviolencelaw.gov.au
may be found in the fact sheet Do you have fears for See the courts’ websites for more information on family violence
your safety when attending court? support and contact and referral information.

FAMILY COURT OF AUSTRALIA FEDERAL CIRCUIT COURT OF AUSTRALIA

This brochure provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making
a decision about what to do or applying to the Court. The courts cannot provide legal advice.
 Non-court based family Reaching
services an agreement
People considering separation or divorce, and those What are the advantages?
affected by it, are encouraged to use services in the Reaching an agreement with your former partner
community to help resolve issues. can offer many advantages, such as:
Community-based services that can help you and your – you make your own decisions
family include: – you greatly reduce the financial and emotional
costs of legal proceedings
FAMILY COUNSELLING – a process in which a
family counsellor helps people deal with personal and – your continuing relationship as parents, if you
interpersonal issues relating to families, relationships, have children, is likely to work better
marriage, separation and divorce. – you are more able to move forward and make
a new life for yourself, and
FAMILY DISPUTE RESOLUTION – a process in which a
– you may improve communication with your
family dispute resolution practitioner, independent of former partner and be better able to resolve
all the parties, helps people resolve some or all of their disputes in the future.
disputes with each other during and after separation and
divorce.
Parenting plans
ARBITRATION – a process in which parties to a dispute A parenting plan is a written agreement that sets
present arguments and evidence to an arbitrator, who out parenting arrangements for children.
makes a determination to resolve the dispute. You can get
a list of arbitrators from the Australian Institute of Family Because it is worked out and agreed jointly, you
Law Arbitrators and Mediators (AIFLAM): and your former partner do not need to go to
n Go to www.aiflam.org.au court. Unless the Court orders otherwise, you
and your former partner can agree to change a
n or call 07 3117 0849.
parenting order (made on or after 1 July 2006) by
If there is a history of family violence, it may not be entering into a parenting plan. A parenting plan
appropriate to attend the services listed above. Speak to is not legally enforceable. It is different from a
staff at the agency about your options and the support parenting order, which is made by the Court.
services that are available.
For more information about parenting plans and
how they work, speak to staff at a community-
Confidentiality in non-court based based service and/or seek legal advice.
family services
Generally, what is said during family counselling and Consent orders
family dispute resolution is confidential and cannot be A consent order is a written agreement that is
used in court later. There are exceptions; for instance: approved by the Court. A consent order can
– where there is a legal requirement to report a suspicion cover parenting arrangements for children as well
or risk of child abuse and violence or threats of as financial arrangements such as property and
violence, and spouse or de facto maintenance.
– the Court may order that a family counsellor or Consent orders have the same legal force as if they
family dispute resolution practitioner give evidence had been made by a judicial officer after a court
of an admission or disclosure of abuse made during a hearing.
session.
You and your former partner can apply for
NOTE: Meetings, discussions or other exchanges with consent orders to be made without going to
arbitrators are not confidential, and may be used in court. court. For more information see ‘Applications and
orders’ at www.familycourt.gov.au/howdoi

2
 Goingg to court
If you cannot reach an agreement, you may consider
applying to the Court for orders. Going to court is often
Steps involved in court proceedings
a stressful time for many people. It can also be expensive s
and time consuming. However, sometimes it may be 01 Pre-action procedures

the only way to deal with a dispute.

02 Court application filed Commonwealth Courts
Portal
Even when a court application is filed, it is possible to
reach an agreement, at any stage, without the need for 03 First court appointment or hearing
a court hearing. In fact, a judicial officer is needed to
make a final decision in only a very small percentage of
cases started in court.
04 Child dispute services (see ‘Family Consultants’
on page four of this brochure)

Compulsory Family Dispute 05 Court based dispute resolution (financial)

Resolution 06 Preparation for final trial or hearing v

Before you apply to the Court for a parenting
order, including those seeking changes to an existing 07 Final trial or hearing
parenting order, you need to attend Family Dispute
Resolution (FDR) and obtain a certificate from a s only applies in the Family Court
registered FDR provider. v may include additional court appointments or hearings

There are some exceptions to this requirement, such

as cases involving family violence, child abuse, or
Agreement may be reached at any stage, with
urgency. For more information about these exceptions,
consent orders made and the case finalised.
see the fact sheet Compulsory Family Dispute Resolution
– court procedures and requirements. Different steps may apply in some cases. You
can get more information about particular court
For more information about FDR and how appointments and hearings from:
to locate a registered FDR provider, go to
www.familyrelationships.gov.au or call the Family n www.familycourt.gov.au
Relationship Advice Line on 1800 050 321. n on the website
NOTE: If you are required to provide a certificate n by calling 1300 352 000
and you fail to do so, the Court cannot accept your
application. n or at your nearest family law registry.

Pre-action procedures – Family

Court
In the Family Court, parties intending to apply for
parenting and/or financial orders must follow pre-action Commonwealth Courts
procedures, which include attending dispute resolution, Portal
before filing an application.
The aim of the pre-action procedures is to explore areas Applications for divorce (and certain accompanying
of resolution and where a dispute cannot be resolved, to documents) must be electronically filed through the
narrow the issues which require a court decision. Commonwealth Courts Portal (www.comcourts.gov.au).
For more information about applying for parenting or For more information and step-by-step guides see
financial orders in the Family Court, see the brochures ‘Divorce’ at www.federalcircuitcourt.gov.au/howdoi
Before you file – pre-action procedure for financial
cases, and Before you file – pre-action procedure for
parenting cases.

3
 Family consultants
Compliance with court orders
Family consultants are psychologists or social When an order is made each person bound by the order must
workers who specialise in child and family follow it. Once finalised, orders are available online though
issues after separation and divorce. Family the Commonwealth Courts Portal. For more information
consultants can help you and the Court in about accessing orders (including divorce orders) see
many ways, such as: ‘Applications and orders’ at www.familycourt.gov.au/howdoi or
– help you and the other party resolve your www.federalcircuitcourt.gov.au/howdoi.
dispute If the order is not complied with, you may file a court
– assist and advise the Court and give evidence application. The Court can make an order to enforce an existing
about your case order. The Court may also make an order that discharges, varies
– write and provide a report to the Court or suspends the order or renews some or all of an earlier order,
about your family, and or adjourn the case to allow a person to apply for a further order
that alters the existing order.
– advise the Court about the services provided
to families by government, community and If the Court finds a person has breached (contravened) a
other agencies. parenting order, it may impose a range of penalties. For more
information about this, see the fact sheet Compliance with
Their work with you is not confidential and
parenting orders.
may be used in court at a later date.
For more information, see the fact sheet Family
Consultants.
Family violence support
Children at court 1800 RESPECT
n 1800 737 732
Generally, courts are not an appropriate
place for children. You should make other AUSTRALIAN CAPITAL TERRITORY
arrangements for their care when you come to n (02) 6280 0900 Domestic Violence Crisis Service (24 hours)
court. NEW SOUTH WALES
Sometimes children will need to attend court to n 1800 656 463 Domestic Violence Line
speak to a family consultant or judicial officer. NORTHERN TERRITORY
If this is your situation, you should check with n (08) 8922 6472 Darwin Sexual Assault Referral Centre (24 hours)
court staff if any child care arrangements need n (08) 8945 6200 Darwin Domestic Violence Counselling Service
to be made for the day. n 131 114 Lifeline Top-end
n (08) 8952 6075 Alice Springs – Women’s Shelter
Interpreters QUEENSLAND
If you need an interpreter to assist you at n (07) 3217 2544 Brisbane Domestic Violence Advocacy Service
court, please tell court staff at least two weeks n (07) 3156 2323 DV Connect
before your court appointment or hearing. They SOUTH AUSTRALIA
will arrange a professional and independent n 1300 782 200 Domestic Violence Crisis Service (24 hours)
interpreter to assist you free of charge. n 1800 800 098 Women’s Safety Services SA
If you need the services of a translator and need to TASMANIA
contact the Family Court of Australia or Federal n 1800 633 937 Family Violence Referral Line (24 hours)
Circuit Court of Australia, call the Translating
VICTORIA
and Interpreting Service on 13 14 50. This is a
n 1800 015 188 Family Violence Response Service
free service.
n 1300 766 491 The Men’s Referral service
WESTERN AUSTRALIA
n (08) 9223 1188 or 1800 007 339
Women’s DV Helpline (24 hours)
n (08) 9223 1199 or 1800 000 599
Men’s DV Helpline (24 hours)

The courts respect your right to privacy and the security of your information. You can read more about the courts’ commitments and
legal obligations in the fact sheet ‘The courts and your privacy’. The fact sheet includes details about information protection under the
privacy laws and where privacy laws do not apply.
4
 Other helpp available Family law registries
g
The Family Court of Australia and the Federal Circuit
Family Relationship Centres Court of Australia both deal with family law matters.
Family Relationship Centres:
For more information about the courts:
– provide information to help strengthen family
relationships n Go to www.familycourt.gov.au
– help families access other services, and n Go to www.federalcircuitcourt.gov.au
n Call 1300 352 000, or
– provide confidential assistance for separating families;
for instance, family dispute resolution. n Visit a family law registry near you.

For more information about Family Relationship Centres AUSTRALIAN CAPITAL TERRITORY
or to find a centre near you:
Canberra – Cnr University Ave and Childers St ACT 2600
n www.familyrelationships.gov.au or call 1800 050 321
NEW SOUTH WALES
Family Violence Law Help Albury – Level 1, 463 Kiewa St Albury NSW 2640
The Family Violence Law Help website provides Dubbo – Cnr Macquarie and Wingewarra Sts Dubbo
information about domestic and family violence and the NSW 2830
law in Australia. Lismore – Level 2, 29-31 Molesworth St Lismore NSW 2480
n www.familyviolencelaw.gov.au Newcastle – 61 Bolton St Newcastle NSW 2300
Parramatta – 1-3 George St Parramatta NSW 2150
Department of Human Services Sydney – 97-99 Goulburn St Sydney NSW 2000
Wollongong – Level 1, 43 Burelli St Wollongong NSW 2500
CHILD SUPPORT
The Department of Human Services administers the NORTHERN TERRITORY
Australian Government’s Child Support Scheme and Darwin – Supreme Court Building, State Square
helps parents take responsibility for the financial support Darwin NT 0800
of their children after separation.
There is a Parents guide to Child Support available on the QUEENSLAND
website: Brisbane – 119 North Quay Brisbane Qld 4000
n www.humanservices.gov.au Cairns – Level 3 and 4, 104 Grafton St Cairns Qld 4870
Rockhampton – 46 East St (Cnr Fitzroy St)
CENTRELINK Rockhampton Qld 4700
Centrelink can help with: Townsville – Level 2, Commonwealth Centre
– financial assistance 143 Walker St Townsville Qld 4810
– child care costs
– finding a job. SOUTH AUSTRALIA
Adelaide ~ 3 Angas St Adelaide SA 5000
If you already receive a payment from Centrelink,
you should contact them to advise of any changes to
your circumstances to ensure you receive your correct TASMANIA
entitlement. Hobart – 39-41 Davey St Hobart Tas 7000
Centrelink has information about Payments for families Launceston – Level 3, ANZ Building, Cnr Brisbane and
on the website: George Sts Launceston Tas 7250
n www.humanservices.gov.au or call 13 61 50
VICTORIA

Attorney-General’s Department Dandenong – 53-55 Robinson St Dandenong Vic 3175

Melbourne – 305 William St Melbourne Vic 3000
The Attorney-General’s Department provides information
for families and couples including resources to help you
WESTERN AUSTRALIA
manage a family dispute.
Perth – Family Court of Western Australia
Australia’s family law system helps people resolve the legal 150 Terrace Rd Perth WA 6000
aspects of family relationship issues, including family 08 9224 8222
relationship breakdown. It encourages people to agree on
arrangements without going to court.
Go to the Families area of the website:
n www.ag.gov.au/familiesandmarriage/families/
55
 Who else can help?
p
Legal aid Community Legal Centres
AUSTRALIAN CAPITAL TERRITORY NEW SOUTH WALES
n www.legalaid.act.gov.au n www.clcnsw.org.au
n 1300 654 314 or 02 6243 3411 n 02 9212 7333 (Community Legal Centres NSW)
SOUTH AUSTRALIA
NEW SOUTH WALES
n www.saccls.org.au
n www.legalaid.nsw.gov.au
n 08 8342 1800 (Community Legal Centres)
n 02 9219 5000 or
1300 888 529 (LawAccess NSW) VICTORIA
n www.fclc.org.au
NORTHERN TERRITORY
n 03 9652 1500 (Federation of Community Legal Centres)
n www.legalaid.nt.gov.au
n 1800 019 343 WESTERN AUSTRALIA
n www.communitylaw.net
QUEENSLAND n 08 9221 9322 (Community Legal Centres Association)
n www.legalaid.qld.gov.au
For referrals in all other states and territories contact the
n 1300 651 188 or 07 3238 3500
National Association of Community Legal Centres:
SOUTH AUSTRALIA n www.naclc.org.au
n www.lsc.sa.gov.au n 02 9264 9595
n 1300 366 424 or 08 8111 5555

TASMANIA
www.legalaid.tas.gov.au
Aboriginal and Torres Strait Islander
Legal Services
n

n 1300 366 611

AUSTRALIAN CAPITAL TERRITORY/NEW SOUTH WALES
VICTORIA
n www.legalaid.vic.gov.au Aboriginal Legal Service
n 1300 792 387 n 02 8303 6699 (NSW) or 02 6249 8488 (ACT)

WESTERN AUSTRALIA NORTHERN TERRITORY

n www.legalaid.wa.gov.au Central Australian Aboriginal Legal Aid Service - Alice Springs
n 1300 650 579 n 08 8950 9300 or 1800 636 079
North Australian Aboriginal Justice Agency - Darwin
n www.naaja.org.au
n 1800 898 251
Law Societies QUEENSLAND
AUSTRALIAN CAPITAL TERRITORY Aboriginal and Torres Strait Islander Legal Service - Brisbane
n www.actlawsociety.asn.au n 07 3025 3888 or 1800 012 255
n 02 6274 0300 Aboriginal and Torres Strait Islander Community Legal Services
– Townsville
NEW SOUTH WALES
n 07 4722 5111
n www.lawsociety.com.au
n 02 9926 0333 SOUTH AUSTRALIA
Aboriginal Legal Rights Movement
NORTHERN TERRITORY n www.alrm.org.au
n www.lawsocietynt.asn.au
n 1800 643 222
n 08 8981 5104
TASMANIA
QUEENSLAND Tasmanian Aboriginal Community Legal Service (TACLS)
n www.qls.com.au
n 1300 367 757 n www.tacls.org.au
n Hobart 03 6281 3456
SOUTH AUSTRALIA VICTORIA
n www.lawsocietysa.asn.au
Victorian Aboriginal Legal Service
n 08 8229 0200 n www.vals.org.au
TASMANIA n 03 9418 5999 or 1800 064 865
n www.lst.org.au WESTERN AUSTRALIA
n 03 6234 4133 Aboriginal Legal Services of Western Australia
n www.als.org.au
VICTORIA (INSTITUTE) n 08 9265 6666 or 1800 019 900
n www.liv.asn.au
n 03 9607 9311
WESTERN AUSTRALIA
Australian Institute of Family Law Arbitrators
n www.lawsocietywa.asn.au & Mediators (AIFLAM)
n 08 9324 8600 n www.aiflam.org.au
n 07 3117 0849

6 BR_MFS0313 V7 DISTRIBUTED IN ACCORDANCE WITH PART IIIA OF THE FAMILY LAW ACT 1975