Practice and procedure update: Family law form updates - unlocked forms

The Family Law Amendment Act 2024 (Cth) commences on 10 June 2025.

As a result, there will be changes to some family law court forms. Some changes are substantive, for example if new questions have been added to forms. A number of forms have minor changes only, where sections of the Act have changed and references need to be updated.

The table below includes a link to a copy of each of the updated forms and a summary of the key changes. Early copies of the forms are being provided to assist the profession and the public to become familiar with the changes. These versions of the forms should not be filed until 10 June 2025.

The updated forms will be published for use in the forms section of the Courts’ website on 10 June 2025.

DRAFT Form	Summary of Changes
Affidavit - Family law and child support	Change in terminology to use ‘financial or property proceedings’ to align with the Family Law Act. Change in affidavit instructions for financial or property proceedings to include reference to the impact of family violence in new subsections 79(4)/90SM(4) and 79(5)/90SM(5), if relied upon.
Affidavit – non-filing of family dispute resolution certificate	Changes to instructions to: explain when and how to seek a 60I exemption reflect the new requirement for the Court to reject an application for parenting orders if no exemption is granted Rewording and simplification of questions regarding exemption sought.
Application for Consent Orders (including Kit version)	New definition of ‘pet’ to reflect the inclusion of companion animal as property under the Family Law Act. New question 72 under Part H for parties to provide details on the effect of family violence on contributions in relation to the division of property to include new subsections 79(4)(ca) and 90SM(4)(ca) of the Act, with a ‘prefer not to say’ option. Changes to question 73 under Part H for parties to provide details on the division of property and their current and future circumstances to include considerations under new subsections 79(5) and 90SM(5) of the Family Law Act. New question 74 under Part H for parties to include details relevant when seeking orders in relation to a pet, to include new considerations under subsection 79(6) and 90SM(6) of the Family Law Act. Change in terminology to use ‘financial or property proceedings’ to align with the Family Law Act. Consequential re-numbering of subsequent questions. Changes to question wording to update the source of disclosure obligations to the Family Law Act.
Application for Review – Family Law	A new form for applications for review of family law proceedings only.
Bankruptcy - Summons for examination	Update source of rule to Division 1.2.5 of the Family law Rules.
Outline of Case Document (Final Hearing)	Changes to question wording for ‘Contributions’ in Part D to include instructions on considerations on the impact of family violence included in new paragraphs 79(4)(ca) and 90SM(4)(ca) of the Family Law Act. Changes to question wording for ‘Future Needs’ in Part D to update instructions to new terminology of ‘Current and future circumstances’ and to include references to new subsections 79(5) and 90SM(5) of the Family Law Act. Change in terminology to use ‘financial or property proceedings/matters’ to align with the Family Law Act.
Confidential Case Outline document (Dispute Resolution)	New instructions under Part D for parties to provide submissions on: compliance with disclosure obligations; the contributions made by each party relevant to new subsection 79(4) and 90SM(4) of the Family Law Act; the considerations relevant to the current and future circumstances of the parties under new subsection 79(5) and 90SM(5); and the issues relevant to determining whether the proposed division is just and equitable. Change in terminology to use ‘financial or property proceedings/matters’ to align with the Family Law Act.
Financial Questionnaire	New sub-questions under question 6 and question 7 to allow parties to explain the impact of family violence on their contributions during cohabitation and since separation, if relief upon, to reflect new subsections 79(4)(ca) and 90SM(4)(ca) of the Family Law Act, and for any other considerations under 79(4) and 90SM(4). New sub-questions under question 8 to allow parties to set out the considerations relevant to their current and future circumstances, to reflect new subsections 79(5) and 90SM(5) of the Family Law Act. Change in terminology to use ‘financial or property proceedings/matters’ to align with the Family Law Act. Changes to instructions to update the source of disclosure obligations to the Family Law Act.
Financial Statement Kit	Change in terminology to use ‘financial or property proceedings’ to align with the Family Law Act. Changes updating information on and the source of disclosure obligations. Minor changes to the items included in Part N.
Genuine Steps Certificate	Minor updates to instruction page only to: change terminology to use ‘financial or property proceedings’ to align with the Family Law Act. change the source of disclosure obligations to reference the Family Law Act.
Initiating Application - KIT	Minor updates to instruction pages and question wording only to: change terminology to use ‘financial or property proceedings’ to align with the Family Law Act. change the ‘important notice to respondent(s)’ to clarify the documents that a respondent party is required to file in proceedings where financial or property orders are sought, including for third parties.
Notice of Appeal (Child Support)	Clarification of filing instructions for both the appellant and respondents, noting that this form is now to be filed in the family law registry not the general federal law registry, by email or in-person.
Notice of objection - subpoena	New section of form under Part A for objections related to protected confidences, to reflect these new provisions in the Family Law Act.
Notice of Request to Inspect	New question 5 under Part C requiring the person requesting to inspect the subpoena to confirm that the Court has not made an order that a document sought to be inspected would disclose a protected confidence.
Notice of Request to Inspect – Arbitration	New question 6 under part D requiring the person requesting to inspect the subpoena to confirm that the Court has not made an order that a document sought to be inspected would disclose a protected confidence.
PPP Financial Summary	Change in terminology to use ‘financial or property proceedings’ to align with the Family Law Act. Updates reflecting the changes to the source of disclosure obligation to reference the Family Law Act. Minor changes to wording of expenses in question 27 under Part I.
Reply	Minor change to question wording only, to reflect change in terminology to ‘financial or property proceedings/matters’ to align with the Family Law Act.
Request to attend by electronic communication	Minor change to question 12 to update the example instructions for requesting to attend a hearing by electronic means.
Response to Initiating Application (do it yourself kit)	Minor change to question wording only, to reflect change in terminology to use ‘financial or property proceedings’ to align with the Family Law Act.
Service Kit (do it yourself kit)	Changes to instruction pages only to: update to the definition of litigation guardian to align with the Family Law Act update language related to special service on a person with legal incapacity, to align with the language of the Family Law Rules Change to Part B Question 2 and the common document types listed that may be served.
Subpoena - Family Law	New Questions 2 and 3 that require the person seeking the subpoena to confirm that the Court has not made an order that the document sought would disclose a protected confidence. New instructions at Part C relating to protected confidences. New Notes 24-26 relating to the special arrangements for inspecting medical records to decide whether to object to them being inspected or copied, which have been extended to include other documents that are protected confidences.
Subpoena in an arbitration	New instructions at Part D and Part E relating to protected confidences. Update to Note 14 to align with existing Notes in main Subpoena form. New Notes 24-26 relating to the special arrangements for inspecting medical records to decide whether to object to them being inspected or copied, which have been extended to include other documents that are protected confidences.
Superannuation Information Kit	Minor change in terminology to use ‘financial or property’ to align with the Family Law Act.
Undertaking as to disclosure	Minor changes updating the source of disclosure obligations to reference the Family Law Act.

Updates to Divorce Forms:

From 10 June 2025, as a result of changes to the Family Law Act, parties who have been married for less than two years at the date of filing their application no longer have to provide a counselling certificate (or an affidavit explaining why they have not attended counselling). As a result, the ‘Counselling certificate for applicants married less than 2 years’ form will be removed from the Courts website on 10 June 2025.

Most applications for Divorce are filed using the guided form through the Commonwealth Courts Portal. From 10 June 2025, the guided form will be updated so that:

Sole applicants for divorce with children under 18 years old do not have to select ‘Yes’ to attending the hearing at Part A. They may still choose to attend the hearing;
Question 19 will be deleted, which currently asks “At the date of filing this application, is it less than two years since you married?”
The “Notice to Respondent” instruction page that is added to the PDF Application for Divorce has been updated, including information on when the Respondent must attend the hearing.

The Divorce Service Kit will also be updated. The updated Kit will be provided in a future Practice and Procedure update specifically about divorce.