Separation and divorce are emotionally challenging. The last thing you need is confusion about the legal process or unexpected legal bills piling up while you’re trying to move forward with your life.
The Federal Circuit and Family Court of Australia (FCFCOA) handles all family law matters in Australia, including divorce, parenting arrangements, and property settlements. Understanding how this system works can save you time, money, and stress.
What Does the Family Court Handle?
The Federal Circuit and Family Court deals with three main areas:
- Divorce: The formal legal ending of your marriage
- Parenting Arrangements: Who the children live with and how time is shared
- Property Settlement: Division of assets, debts, and superannuation
Important: These are three separate legal processes. Getting a divorce does not automatically resolve property or parenting matters—you need to address each separately.
How ezylegal helps: Our AI assistant, Rachel Z, helps you identify which areas apply to your situation and ensures our lawyers have all the information needed to advise you properly.
The Divorce Process: Step by Step
1. The 12-Month Separation Rule
Before applying for divorce, you must have been separated for at least 12 months and 1 day. This is a strict requirement.
Separation under one roof is recognised by the Court. If financial constraints mean you’re still living with your ex-partner, you can still count this time towards your 12 months. You’ll need to provide evidence through an affidavit showing you’ve been living separate lives (separate bedrooms, finances, social activities).
2. Sole vs. Joint Applications
- Joint Application (Recommended): Both parties agree to the divorce and sign together. Faster, cheaper, and usually no court appearance required.
- Sole Application: You apply alone and must “serve” the documents to your ex-partner. Required if they won’t cooperate or can’t be located.
3. Filing and Fees
As of 1 July 2025, the court filing fee is $1,125. If you hold a concession card or face financial hardship, the fee can be reduced to $375.
All divorce applications are now lodged electronically through the Commonwealth Courts Portal.
4. Do You Need to Attend Court?
- No court appearance: Joint applications without children under 18
- May require attendance: Sole applications with children under 18 (unless the other party doesn’t object)
How ezylegal helps: If court attendance is required, our lawyers can often appear on your behalf so you don’t have to face the stress of a courtroom alone.
5. When Does Your Divorce Become Final?
Your divorce becomes final one month and one day after the Court grants the divorce order. At that point, you’ll receive a divorce certificate and can legally remarry.
Critical deadline: Once your divorce is final, you have only 12 months to apply for property settlement orders. After this deadline, you may lose your right to claim property division.
Parenting Arrangements: Best Interests of the Child
If you have children under 18, the Court’s priority is always the best interests of the child. The Court encourages parents to reach agreements through mediation or family dispute resolution before going to court.
Key factors the Court considers:
- The child’s views (depending on age and maturity)
- The relationship with each parent
- The impact of separation on the child
- Each parent’s ability to provide for the child’s needs
- Any history of family violence or abuse
Parenting Orders vs. Parenting Plans
- Parenting Plans: Written agreements between parents (not legally enforceable but can be used as evidence)
- Consent Orders: Agreed arrangements approved by the Court (legally binding)
- Court Orders: Decisions made by a Judge after a hearing (legally binding and enforceable)
How ezylegal helps: We draft parenting plans and consent orders at a fixed fee. Our AI gathers the details, and our lawyers ensure the documents meet Court requirements and protect your rights.
Property Settlement: Dividing Your Assets
Property settlement involves dividing:
- Real estate and mortgages
- Bank accounts and savings
- Superannuation
- Businesses and investments
- Debts and liabilities
The Court follows a four-step process:
- Identify and value all assets and liabilities
- Assess each party’s financial and non-financial contributions
- Consider future needs (age, health, income, care of children)
- Determine what is “just and equitable”
There is no automatic 50/50 split. Each case is unique and depends on your specific circumstances.
Financial Agreements
An alternative to Court orders is a Binding Financial Agreement (BFA)—a private contract between you and your ex-partner setting out how assets will be divided. This must be prepared by a lawyer and independently reviewed.
The Cost of Family Law: Traditional vs. ezylegal
Traditional family law firms charge by the hour, often $400–$600+ per hour. A straightforward divorce can cost thousands, and contested property settlements can exceed $50,000.
At ezylegal, we do things differently:
- Fixed fees: You know the cost upfront with no surprises
- No billable hours: We don’t charge you for phone calls, emails, or time spent on admin
- No upfront costs: We offer flexible payment plans and No Win, No Fee arrangements for eligible cases
- AI-powered efficiency: Rachel Z handles intake and documentation, so our lawyers focus on strategy and Court filings—learn how it works
Why Dispute Resolution Comes First
The Court expects parties to make genuine attempts at dispute resolution before filing applications. This includes:
- Family Dispute Resolution (FDR) conferences
- Mediation services
- Collaborative law approaches
Going to Court should be a last resort. Litigation is expensive, stressful, and time-consuming. Most cases settle before trial.
How ezylegal helps: We guide you through dispute resolution options and negotiate on your behalf. If Court proceedings are unavoidable, we prepare your case efficiently using AI to reduce costs.
Common Mistakes to Avoid
- Missing the 12-month property settlement deadline after divorce
- Hiding assets or failing to fully disclose finances
- Making major financial decisions without legal advice (e.g., selling property)
- Using children as bargaining chips in negotiations
- Going to Court without attempting mediation first
Ready to Take the Next Step?
You don’t need to navigate the Family Court system alone—and you shouldn’t have to pay a fortune for legal help. Our experienced team is here to guide you through every step.
- Start a Chat: Tell Rachel Z about your situation (takes 5 minutes, available 24/7)
- Get a Fixed Quote: Our lawyers review your case and give you a transparent, fixed-fee quote
- We Handle the Rest: From drafting documents to Court filings, we manage the entire process
No billable hours. No surprises. No upfront costs for eligible cases.
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