Notifying the Court about family violence and child abuse

If you have a family violence order, you must tell the Federal Circuit and Family Court of Australia (the Court) about the order.

The Notice of child abuse, family violence or risk is a mandatory form for any person who files an Initiating Application, Application for Consent Orders or Response in the Court seeking parenting orders. The Notice of child abuse, family violence or risk is the way that you notify the Court of any allegations of family violence, child abuse or risk, in parenting proceedings.

See How the Court considers safety and risk for more information.

Family violence orders

A family violence order is an order made under a state or territory law to protect a person from family violence. The Court does not make family violence orders.

Family violence orders may affect orders made by the Court, especially parenting orders about children spending time with a parent or another person. For more information about family violence orders see, Family violence orders.

Risk assessment

The Court is often assisted in children’s cases by expert evidence about risk, medical and other health records, and forensic investigations. These can include:

• family reports and memoranda prepared by Court Children’s Service or external exports
• psychiatric or psychological assessments
• psychosexual assessments, and
• drug and/or alcohol tests, including urine tests, blood tests and/or hair follicle tests.

In most cases, the costs of those services (other than those provided by Court Children’s Service) must be paid by the parties to the proceedings.

Lighthouse

The Court is committed to the protection of vulnerable parties and children in family law proceedings and is leading the way in helping families that have experienced family violence and other safety risks to navigate the family law system.

Lighthouse plays a central role in the Court’s response to cases which may involve risk relating to family violence, mental health, drug and alcohol misuse and child abuse and neglect, by shaping the allocation of resources and urgency given to such cases.

You will be invited to complete the risk screen when you file an Initiating Application or Response with the Court seeking orders relating to children, such as parenting only orders, or parenting and financial or property orders, in Adelaide, Brisbane, Cairns, Canberra, Dandenong, Darwin, Hobart, Launceston, Melbourne, Newcastle, Parramatta, Rockhampton, Sydney, Townsville and Wollongong.

For more information, see Lighthouse overview.

Staying safe at court

If you have any concerns about your safety while attending court, you must let the Court know. See Safety at court for more information about safety plans and what the Court can do.

Getting help and support

Family Advocacy and Support Service

The Family Advocacy and Support Service (FASS) is an integrated duty lawyer and social worker service available for families affected by family violence or abuse. FASS is run by Legal Aid and is free. FASS may be able to help you with preparing documentation, organising a referral to a service and helping with court proceedings.

Visit https://familyviolencelaw.gov.au/fass/ to find the contact details of FASS in your state or territory.

There are a number of other organisations that also provide advice and support. See Family Violence: Get help and support.

If you are in immediate danger call 000.

When a financial or property order is made, each person affected by the order must comply with (follow) the order.

You must do everything a financial or property order requires you to do, and you must take all reasonable steps to ensure that the order is put into effect, including doing things to enable the other party to comply. For example, if an order requires the other party to transfer the registration of a car to you, you need to sign the transfer form to enable that transfer to happen, even if the order does not expressly say that you have to sign the form.

The other party has not complied

If you allege that another person has contravened (breached) an order, you can:

• seek legal advice
• attend dispute resolution, and/or
• apply to the Court.

Courts do not automatically enforce family law orders. You have to tell the Court what the problem is in an application, or using one of the processes set out below. The Court decides if an order is needed to enforce the existing order.

The law on enforcement of financial or property orders

The law on enforcement is complicated. You should get legal advice before asking the Court to enforce a financial or property order.

Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out the rules which apply to the enforcement of financial or property orders.

What if a person refuses to sign a document required in the orders?

If a party refuses to sign a document which they are required to sign according to orders, you can ask the Court to make an order, under section 106A of the Family Law Act 1975, to appoint another person to sign the document on behalf of the defaulting party.

You usually need to file an Affidavit – Family law and child support in which you state the relevant facts, which usually include:

• what you say the defaulting party was required to do, with reference to the relevant order
• what steps you took to facilitate the defaulting party’s compliance (for example, you may have provided to the defaulting party the document which they were required to sign), and
• the defaulting party’s refusal and/or failure to sign the document.

Enforcement processes

The Court can make four categories of enforcement orders:

• an order for seizure and sale of property – this is usually done under an Enforcement Warrant
• an order for the attachments of earnings and debts – this is usually done under a Third Party Debt Notice
• an order for sequestration of property, and/or
• an order appointing a receiver.

Obtaining information about the payer

If you are seeking to enforce a financial or property order, you may want to first obtain information about the financial circumstances of the payer (person who has not paid the money). This information may assist you in deciding whether, and how, to seek the Court’s assistance to enforce the order.

You can require the payer to provide financial disclosure by doing one of the following:

1. giving the payer written notice to provide a Financial Statement within 14 days
2. applying to the Court for an order requiring the payer to:
   
   1. provide a Financial Statement within 14 days, and/or
   2. disclose information and/or produce documents relevant to the payer’s financial circumstances.

To apply to the Court for the payer to provide disclosure, you file:

• an Application in a Proceeding setting out the orders you are asking the Court to make, and
• an Affidavit – Family law and child support which complies with rule 11.06 of the Family Law Rules 2021.

Payer’s obligations

A payer who fails to comply with a written notice to provide a Financial Statement, or an order to disclose information or produce documents, commits an offence of strict liability, with a penalty of 50 penalty units.

Enforcement Warrant

You can apply to the Court, without notice to the payer, for an Enforcement Warrant. The Enforcement Warrant enables the nominated enforcement officer to seize and sell property of the payer to enforce the warrant.

See Division 11.1.3 of the Family Law Rules 2021.

To apply to the Court for an Enforcement Warrant, you file:

• a completed Enforcement Warrant, and
• an Affidavit– Family law and child support which complies with rules 11.06 and 11.16(2) of the Family Law Rules 2021.

Third Party Debt Notice

You can apply to the Court, without notice to the payer or the relevant third-party debtor (for example, an employer or bank of the payer), to issue a Third Party Debt Notice. This notice requires a person or organisation (third party) who you allege owes money to the payer to pay that money to you rather than the payer.

For example, the third party may be the payer’s employer, the debt they owe the payer may be the payer’s wages or salary.

See Division 11.1.4 of the Family Law Rules 2021.

To apply to the Court for a Third Party Debt Notice, you file:

• a completed Third Party Debt Notice, and
• an Affidavit – Family law and child support which complies with rules 11.06 and 11.34(2) of the Family Law Rules 2021.

If the Court issues a Third Party Debt Notice, you must serve on each of the third-party debtor and the payer:

• a sealed copy of the Third Party Debt Notice, and
• the brochure Third Party Debt Notices.

Sequestration of property

The Court can order a property to be temporarily placed in the hands of a sequestrator. The sequestrator can:

• collect rents, takings or profits of a business or prevent persons from entering the property, and
• pay amounts owing to you under the initial order.

Any person affected by the sequestration order can apply to the Court for procedural orders.

See Division 11.1.5 of the Family Law Rules 2021.

To apply to the Court for an order for sequestration of property, you file:

• an Application – Enforcement, and
• an Affidavit – Family law and child support which complies with rules 11.06 and 11.44(2) of the Family Law Rules 2021.

Receivership

The Court can appoint a person as receiver of the payer’s income or property. The receiver is then entitled to:

• receive any income due to the payer from that property, and
• pay amounts owing to you under the initial order.

It does not give the receiver the power to sell the property. Any person affected by the receivership order can apply to the Court for procedural orders.

See Division 11.1.6 of the Family Law Rules 2021.

To apply to the Court for an order for the appointment of a receiver, you file:

• an Application – Enforcement, and
• an Affidavit – Family law and child support which complies with rules 11.06 and 11.48(2) of the Family Law Rules 2021.

More information

For more information, see the publication:

• Enforcement Hearings

For information about applying to the Court, see How do I apply for financial or property orders?

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before taking steps to enforce orders. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Legal Help

If you and your former partner are able to agree on arrangements for your finances and property, you can formalise these arrangements outside of court by entering into a Financial Agreement.

What is a Financial Agreement?

A Financial Agreement is a contract between two or more parties made under Part VIIIA (for marriages) or Division 4 of Part VIIIAB (for de facto relationships) of the Family Law Act 1975 .

A Financial Agreement, if it binding, ousts the Court’s jurisdiction in relation to financial or property proceedings between the parties generally, or in relation to specific issues. In other words, a Financial Agreement, if prepared and entered into properly, can be a way to ‘contract out’ of court proceedings.

Does a Financial Agreement have to deal with everything?

A Financial Agreement can ‘cover the field’ – it can address all aspects of the financial relationship between the parties.

However, a Financial Agreement can also deal with only some issues, such as spousal or de facto maintenance.

When can we enter into a Financial Agreement?

Marriage

You can enter into a Financial Agreement before the marriage (see section 90B), during the marriage (see section 90C), or after the marriage (see section 90D).

It is mandatory to get independent legal advice before entering into a Financial Agreement.

De facto relationship

You can enter into a Financial Agreement before the de facto relationship (see section 90UB), during the de facto relationship (see section 90UC), or after the de facto relationship (see section 90UD).

It is mandatory to get independent legal advice before entering into a Financial Agreement.

Is my Financial Agreement binding?

To be binding, a Financial Agreement must meet certain technical requirements, which are set out in sections 90G (for Financial Agreements about marriages) and 90UJ (for Financial Agreements about de facto relationships) of the Family Law Act 1975 .

The law about Financial Agreements is very complex. If you are a party to a Financial Agreement (or a purported Financial Agreement) which may come into effect, you should seek legal help.

Can the Court set aside a Financial Agreement?

The Court has power to set aside Financial Agreements in some circumstances, which are set out in sections 90K (for Financial Agreements about marriages), and 90UM (for Financial Agreements about de facto relationships) of the Family Law Act 1975 .

The law about Financial Agreements is very complex. If you are a party to a Financial Agreement (or a purported Financial Agreement) which you think should be set aside, you should seek legal advice.

Mandatory legal advice

Each party to a Financial Agreement must be provided with independent legal advice about prescribed matters by an Australian legal practitioner before entering into the Financial Agreement.

For information on how to get legal advice, see Legal help.

For information about other options if you agree about financial arrangements see We have agreed.

More information

The Attorney-General's Department guide A guide to dividing your property and finances after separation , provides information to separating couples about the options for resolving property arrangements, from an informal agreement through to filing consent orders with the Court and litigating the matter in court.

My former spouse or partner has died, can I apply for financial or property orders?

The Court only has jurisdiction to make financial or property orders if, at the time when the application was filed, both parties to the relevant marriage or de facto relationship were alive.

The time of filing is not necessarily the same as the time when you submitted your application to the Court. See rule 2.23 of the Family Law Rules 2021.

Our proceedings were started before my former spouse or partner died. What happens now?

Property settlement

When there are already property settlement proceedings on foot, and a party to those proceedings dies, the proceedings may be continued by, or against, the personal representative of the deceased person.

In other words, if someone involved in property settlement proceedings dies, the proceedings can continue, with the dead person’s personal representative (usually the executor of their estate) taking their place.

However, the orders which the Court ultimately makes may be different to the orders the Court would have made if the party had not died.

See sections 79AA(8) (in relation to marriages) and 90SMA(8) (in relation to de facto relationships) of the Family Law Act 1975, and rule 3.19 of the Family Law Rules 2021.

Maintenance

Spousal maintenance and de facto maintenance proceedings cannot be continued against a dead person.

Existing maintenance orders stop when a party dies. This means that:

• if you are required by an order to pay maintenance, and the person receiving the maintenance dies, you do not need to pay maintenance to their estate, and
• if you receive maintenance under an order, and the person paying the maintenance dies, you will not receive maintenance from their estate.

See sections 82(2) (in relation to marriages) and 90SJ(1) (in relation to de facto relationships) of the Family Law Act 1975.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application.  However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Legal Help.

The Court can deal with the bankruptcy of a party to a marriage or de facto relationship involved in certain family law proceedings. The impact on parties is complex. If you are bankrupt, or the other party is bankrupt, you should get legal advice.

Legal terms

• Bankrupt - a person:

  • against whose estate a sequestration order has been made, or
  • who has become a bankrupt by virtue of the presentation of a debtor’s petition.

  See section 5 of the Bankruptcy Act 1966.

• Creditor - a person to whom money is owed.
• Debtor - a person who owes money to another person.
• Injunction - a court order requiring a person to do, or to refrain from doing, a specified action.

• Personal Insolvency Agreement – a deed between a debtor and creditor(s), aimed at avoiding bankruptcy of the debtor. The deed identifies the property and income available to pay creditors’ claims and how it is to be distributed amongst the creditors.

  See Part X of the Bankruptcy Act 1996.

• Trustee (in bankruptcy) - the trustee is the person who administers the estate of the bankrupt. The bankrupt’s property vests in the trustee. The trustee must sell all of the vested property and distribute the proceeds amongst the creditors, or sell sufficient property to pay the creditors and return any remaining money or property to the bankrupt. The trustee can be either a private individual (a registered trustee) or the Official Trustee.
• Vest - a person in whom property is vested has the right to possess and control the property, including the right to sell it.
• Vested property - all of the property of the bankrupt that belonged to him/her at the start of the bankruptcy or is acquired during the bankruptcy vests in the trustee, except for exempt property. Section 116 of the Bankruptcy Act 1996 defines exempt property. It includes property held by the bankrupt in trust, some household property, some personal property, property (to a certain value) used in earning income, a vehicle (to a certain value) used by the bankrupt, life assurance policies, some superannuation interests, rights to recover compensation for injury and any compensation recovered.

When can the Court deal with bankruptcy?

The Court can deal with any matter connected with, or arising out of, the bankruptcy of a party to a marriage or de facto relationship in proceedings for:

• financial or property settlement under sections 79 and 79AA, or 90SM and 90SMA of the Family Law Act 1975, and/or
• declaration of interest in property under sections 78 or 90SL of the Family Law Act 1975, and/or
• setting aside financial or property orders under sections 79A or 90SN of the Family Law Act 1975, and/or
• spousal (including de facto) maintenance under section 74 or 90SE of the Family Law Act 1975, and/or
• enforcement of any of the above orders.

What is the effect of bankruptcy on the bankrupt?

Once a party to a marriage or de facto relationship becomes bankrupt, his or her property immediately vests in the trustee. This excludes some categories of assets such as most household goods, superannuation, some tools of trade and a motor vehicle up to a certain value.

Do pre-action procedures apply?

The pre-action procedures for financial or property proceedings do not apply to proceedings invoking the Court’s jurisdiction in bankruptcy under sections 35 or 35A of the Bankruptcy Act 1996.

The pre-action procedures apply to all other proceedings.

Can (or must) the trustee become a party to family law proceedings?

The trustee may apply to become a party to family law proceedings. If the trustee does become a party, the bankrupt cannot make any submissions to the Court about property already vested in the trustee, except with permission of the Court.

Does the non-bankrupt party to the marriage or de facto relationship have priority over the creditors?

The Court must determine the competing rights of the creditors and the non-bankrupt party, neither has priority.

Can the Court order the transfer of property vested in the trustee?

Yes, the Court can order the trustee to transfer vested property to the non-bankrupt.

What if either party to a marriage or de facto relationship is a debtor subject to a personal insolvency agreement?

If a party to a marriage or de facto relationship, who is a party to property settlement or maintenance proceedings, is or becomes, a debtor subject to a personal insolvency agreement then:

• the above information relating to bankrupt parties, applies to the debtor party
• the above information relating to trustees in bankruptcy applies to the trustee of the debtor party’s property.

When do I need to give notice to the Court?

Parties to a financial or property case, including enforcement of financial or property orders, must notify the Court at the start of (or during the case) if they are (or become) a bankrupt or a debtor subject to a personal insolvency agreement.

When do I need to give notice to my trustee?

A bankrupt or a debtor subject to a personal insolvency agreement must notify his or her trustee if he or she becomes a party to family law financial proceedings.

Who can apply to set aside or vary orders made in property settlement proceedings?

Any person affected by an order made in financial or property settlement proceedings can apply to have such order set aside or varied.

A creditor of a party to the financial or property settlement proceedings is able to make an application to have an order that prevents them from being able to recover a debt owing to them set aside or varied.

In cases where a party to the marriage or de facto relationship is a bankrupt or debtor subject to a personal insolvency agreement when a financial or property settlement order is made, or becomes so after the order is made, the trustee is able to have the order set aside or varied.

(see sections 79A and 90SN of the Family Law Act 1975).

Can the non-bankrupt party to a marriage or de facto relationship apply to restrain the trustee?

Yes, the non-bankrupt party to a marriage or de facto relationship can apply to the Court for an injunction to restrain the trustee from declaring or distributing dividends amongst the creditors of the bankrupt or debtor party to their marriage or de facto relationship.

What if costs are ordered?

Unless the Court orders otherwise, a person entitled to costs in a case to which the Bankruptcy Act 1996 applies is entitled to costs in accordance with Part 40 of the Federal Court Rules 2011 (see Part 13 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021.

What forms do I need to use?

The following bankruptcy forms can be filed in family law proceedings:

• Bankruptcy - Application
• Bankruptcy - Application for summons to examine relevant person or examinable person
• Bankruptcy - Application in a proceeding
• Bankruptcy - Apprehension warrant
• Bankruptcy - Arrest warrant
• Bankruptcy - Notice of appearance
• Bankruptcy - Notice stating grounds of opposition to an Application or Application in a proceeding
• Bankruptcy - Notice to Creditors of Annulment Application
• Bankruptcy - Search warrant
• Bankruptcy - Summons for examination

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent Orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Legal Help.

More information

The Family Law Practice Direction – Financial or property proceedings sets out the procedural requirements and steps in proceedings about financial or property matters, and the Family Law Practice Directions – Bankruptcy Act proceedings sets out the procedure for family law proceedings to which sections 35 or 35A of the Bankruptcy Act 1996 apply.

How does the law treat superannuation?

The superannuation splitting law treats superannuation as a different type of property. It lets separating couples value their superannuation and split superannuation payments, although this is not mandatory.

Splitting does not convert superannuation into a cash asset – it is still subject to superannuation laws (for example, it is usually retained until retirement ages are reached). 

Options for splitting superannuation

Your respective superannuation interests can be adjusted by ‘splitting’ one or more of them. If you want to adjust superannuation interests, you must do so when formalising your financial arrangements, whether by agreement (see We have agreed) or application to the Court (see We cannot agree). However, it is not mandatory to adjust superannuation interests.

Procedural fairness to trustee

Superannuation splitting orders require the trustee of the relevant superannuation fund to do certain things. As a matter of procedural fairness (the right by a person to be heard by the Court before the Court makes orders affecting that person), the trustee of the superannuation fund must be given notice of a proposed superannuation splitting order before it can be made, whether by agreement or following a determination by the Court.

See rules 1.12(5), 1.12(6) and 10.06 of the Family Law Rules 2021.

More information

For more information, including the steps involved in splitting a superannuation interest, see the factsheet Family law and superannuation.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Legal Help.

When the Court can assist

Child support is usually dealt with administratively through Services Australia (Child Support) (Services Australia), rather than through the Court. It is governed primarily by the Child Support (Assessment) Act 1989.

The Court may consider child support proceedings only in limited circumstances. This occurs primarily in relation to:

1. child support appeals, where a party has gone through all steps of the administrative process, and ultimately needs to appeal an administrative decision to the Court
2. where an administrative child support assessment has been issued, and the eligible carer (the person receiving child support) seeks that the payment of non-periodic child support (see section 123 of the Child Support (Assessment) Act 1989), and
3. where an administrative child support assessment has been issued, and a party to that assessment seeks to depart from it (wants it changed) because of special circumstances (see section 117 of the Child Support (Assessment) Act 1989) and either:
   
   1. the Court is already dealing with a case involving the parties, and the Court is satisfied that it would be in the interests of the parties, in the special circumstances of the case, for the Court to consider the child support departure application, or
   2. the assessment provides for the minimum level of child support to be paid (see section 66 of the Child Support (Assessment) Act 1989).

The Court also has power to make child maintenance orders pursuant to the Family Law Act 1975, but only where a party cannot apply for child support under the Child Support (Assessment) Act 1989 (see section 66E of the Family Law Act 1975).

Before you apply to the Court

The Court only has the power to hear certain types of child support applications and appeals. In most situations, parents or eligible carers must first satisfy all administrative requirements with Services Australia (Child Support).

For more information about fulfilling the Services Australia administrative requirements:

• go to the Services Australia (Child Support) website, or
• or call Services Australia on 131 272 or 1800 241 272.

Generally, a parent or eligible carer who disagrees with a Services Australia decision must lodge an objection with Services Australia, and wait to receive a response. If they are unsatisfied with the response, an application can then be made to the Administrative Review Tribunal (ART) for a review of an objection decision.

The ART cannot, however, review all objection decisions of the Services Australia. To find out which objection decisions the ART can review:

• go to the ART website, or
• call the ART on 1800 228 333.

Where the ART cannot review an objection decision, parents or eligible carers may be able to apply to the Court for orders.

Financial support for a child who has turned 18 years of age

If a child turns 18 while they are in full-time secondary education and there is a child support assessment in place, you can apply to Services Australia (Child Support) to extend the assessment. An extension will continue until the last day of that school year. The application must be made before the child turns 18, unless there are exceptional circumstances. See section 151B of the Child Support (Assessment) Act 1989.

In all other cases, the Court can make an order for maintenance, where the maintenance is necessary to enable that child to complete their education; or because of the child's mental or physical disability. An order may be made for a 17 year old child that begins when the child turns 18 – see section 66L of the Family Law Act 1975.

More information

For more information, see the factsheet Child Support Applications.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Find a lawyer.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Child support and child maintenance proceedings (FAM-CHILDSUPPORT)

What are spousal and de facto maintenance?

Spousal maintenance

Spousal maintenance is financial support paid by a party to a marriage to their husband or wife (or former husband or wife) in circumstances where they are unable to adequately support themselves.

De facto maintenance

De facto maintenance is financial support paid by a party to a de facto relationship that has broken down to their former de facto partner in circumstances where they are unable to adequately support themselves.

The Court can only make a de facto maintenance order if your de facto relationship meets certain jurisdictional requirements.

When can I receive (or when do I have to pay) maintenance?

Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

What does the Court consider when making a decision?

The Court considers the needs of an applicant, and the respondent's capacity to pay.

The Court considers the following about both of you:

• your age and health
• your income, property, and financial resources
• your ability to work
• whether you have the care of a child of the relationship, including the need to provide appropriate housing for the child
• the effect of any family violence
• what is a suitable standard of living, and
• if the marriage has affected your ability to earn an income.

The Court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.

See sections 75 (in relation to marriages) and 90SF (in relation to de facto relationships) of the Family Law Act 1975.

Do I still receive spousal maintenance if I start a new relationship?

You are not entitled to maintenance if you marry another person unless the Court otherwise orders.  See sections 82 (in relation to spousal maintenance) and 90SJ (in relation to de facto maintenance) of the Family Law Act 1975.

If you start a new de facto relationship, the Court will take into account the financial relationship between you and your new de facto partner when considering whether you are able to support yourself adequately.

Are there time limits for applications for maintenance?

Spousal maintenance

We are not divorced

Divorce is a completely separate process to financial proceedings.

You can ask the Court to make an order for spousal maintenance even if you are not divorced. In fact, although it is uncommon, you can ask the Court to make a spousal maintenance order even if your marriage is still intact (i.e. if you and your spouse are not separated).

We are divorced

You can ask the Court to make an order for spousal maintenance after you are divorced, but you must apply within 12 months of the divorce order taking effect. If you want to start proceedings out of time, you must ask the Court for leave.

Our marriage was a nullity (we were not validly married)

If a court has made an order that your marriage was a nullity (the technical way of saying, that the marriage was void or that you were not validly married), you can still ask the Court to make an order for spousal maintenance, but you must apply within 12 months of the decree of nullity being made.

If you want to start proceedings out of time, you must ask the Court for leave.

De facto maintenance

You must apply de facto maintenance orders within two years of the breakdown of the de facto relationship. If you want to start proceedings out of time, you must ask the Court for leave.

I need maintenance

If you need an order for maintenance, see How do I apply for financial or property orders?

If you think you need a maintenance order urgently, you can apply for urgent maintenance. See sections 77 (in relation to urgent spousal maintenance) and 90SG (in relation to urgent de facto maintenance) of the Family Law Act 1975.

For information on how to apply for an urgent listing of your application, see My application is urgent.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application.  However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

For information on how to get legal advice, see Legal Help.

Before your court event you should see the Attending court section of this website. It provides information about etiquette and tips, different hearing types and attending electronic hearings (if your hearing is being conducted remotely).

There is also information about notifying the Court if you have any safety concerns or require any additional support to attend a hearing or court event.

You should bring with you all of the documents relevant to your matter, noting which ones have already been filed with the Court. Including:

• all of the documents you wish to show the judge or registrar. Any photocopies to be provided should include three copies: one set for you, one set for the other party and another set for the judge or registrar, and
• all documents the Court or the other party has given to you.
• a pen and paper to take notes.

For more information, see the Attending court section.

You should also familiarise yourself with the Family Law Practice Direction – Financial or property proceedings, which sets out the procedural requirements and steps in proceedings about financial or property matters.

More information

For information on how to get legal advice, see Legal Help.

You can ask the Court to list your application urgently by seeking an interlocutory order that the matter be given an urgent listing. 

If you are seeking an urgent listing when you are first applying for financial or property orders, you should include the urgent application in the interlocutory orders sought in your Initiating application. If proceedings for financial or property orders have already been started, you need to make your urgent application by filing an Application in a proceeding.

Your Initiating Application will be allocated a hearing date when your application is accepted for filing, and your request for an urgent hearing will be considered by a registrar as a matter of priority. You will be advised of any change in the date or any additional steps you must take once the urgent application has been considered.

An urgent application must be accompanied by:

• an Affidavit – Family law and child support stating the facts you rely on in support of the urgent application (if you are filing an Affidavit with your Initiating application in any event, you can address the urgency of your application in that affidavit; you do not need to file a separate affidavit about urgency), and

• a cover letter as to urgency, outlining:

  • the nature of the application, and
  • the basis upon which an urgent listing is required.

  The cover letter should also refer to specific paragraphs of the affidavit on which you rely in support of the urgent application.

The Court may require to you to file the other documents set out at paragraph 2.5 of the Family Law Practice Direction: Financial or Property Proceedings at a future date.

You can ask the Court to consider an urgent application by seeking appropriately worded orders, and providing evidence in a supporting affidavit about why the Court should list the matter for an early hearing date, or make an urgent order. The Court will consider the application based on the evidence provided, and notify you of any further requirements or a listing date.

I want my application to be heard without notice to the other party

In extremely urgent situations, you can seek an urgent order to be made ex parte. This means the Court would deal with the matter immediately, and without notice to the other party.  

Ex parte orders are usually only granted in matters where you can substantiate urgency by seeking appropriately worded urgent orders in the application. You will need to explain the grounds on which you are seeking urgent orders in your supporting affidavit.

When applying for ex parte orders, you must comply with rule 5.11 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. See also paragraph 2.16 of Family Law Practice Direction: Financial or Property Proceedings.

Legal advice

You are not required to be represented by a lawyer, or to seek legal advice, before entering into consent orders or applying to the Court, or if you have been served with an application. However, family law is complex, and getting legal advice will help you to better understand your rights and responsibilities.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Financial or property proceedings (FAM-FINANCIAL)