
Prior to filing an Application with the Family and Federal Circuit Court, parties are required to attend alternate dispute resolution (including mediation) pursuant to Schedule 1 of the Federal Circuit and Family Court of Australia Rules 2021, and to make a ‘genuine attempt’ to resolve their matter. Parenting and property matters can be resolved out of Court via the following methods:
Parenting
In parenting matters, where you share children under the age of 18 years, you may formalise a parenting agreement via a Parenting Plan or via Consent Orders. Generally, prior to formalising a Parenting Plan or Consent Orders, the parties will participate in a Mediation with an independent mediator, which will be organised by your lawyer, however, this is not mandatory if settlement is achieved prior to mediation. If an agreement is reached prior to or at the Mediation, your lawyer can assist you in preparing and submitting the required documents.
A Parenting Plan is an informal agreement between the parents in relation to parenting only which can include live-with, time-with and other matters considering the children. Parenting Plans generally do not include arrangements in relation to child support (see: Child Support).
To obtain a Parenting Plan, the parties can either:
- Prepare a Parenting Plan themselves;
- Attend a family service such as Relationships Australia; or
- Obtain a lawyer to assist in the preparation of a Parenting Plan.
A parenting arrangement can also be made via Consent Orders. Consent Orders are obtained via an Application to the Federal Circuit and Family Court of Australia (FCFCOA). The Application would specify the details of the children, the arrangements currently in place for the children and the orders sought in relation to the children. Both parties must agree to the Consent Orders and sign them prior to lodgement. Consent Orders are the preferred method of finalising your parenting matter as they are less costly, less stressful and there is less of a delay in obtaining the orders compared to filing an Application in Court. Consent Orders are also legally enforceable and are the preferred method over a Parenting Plan as there are consequences for breaching consent orders in that one party can file a Contravention Application with the Court if the other party breaches the orders.
Although you are not required to obtain independent legal advice in relation to a Parenting Plan or consent orders, it is highly recommended that you do obtain legal advice such that you are appraised of the risks. Incorrectly worded or lodged Applications can also be rejected by the Court, and accordingly, it is beneficial for a lawyer to prepare the Application. If you choose to instruct a lawyer to provide advice, they can only provide one party advice in relation to the Parenting Plan or consent orders.
Property

In property matters, you can formalise your affairs via a Binding Financial Agreement or via Consent Orders. Generally, prior to formalising a Binding Financial Agreement or Consent Orders, the parties will participate in a Mediation with an independent mediator, which will be organised by your lawyer, however, this is not mandatory if settlement is achieved prior to mediation. If an agreement is reached prior to or at the Mediation, your lawyer can assist you in preparing and submitting the required documents.
A Binding Financial Agreement is an agreement between the parties which identifies how the assets of your relationship will be distributed upon separation. A Binding Financial Agreement can be prepared prior to the commencement of a relationship or marriage, during a relationship or marriage, or after separation. Both parties must obtain independent legal advice from lawyers in relation to the Binding Financial Agreement.
Lawyers generally do not recommend a Binding Financial Agreement as they are not an order of the Court, and can be easily overturned on grounds including non-disclosure of assets, or where one party has not obtained proper legal advice or has not understood the contents of the agreement.
Consent Orders are most effective method of obtaining property orders. Consent Orders in relation to property also involve lodging an Application with the Court which list the assets and liabilities of the parties, the contributions made during the relationship and after separation, the arrangements for the children (if applicable), and the orders sought by the parties in relation to the division of assets and liabilities.
Once you obtain consent orders, you will have Court orders which are legally enforceable, without having to go to Court. Although you are not required to obtain independent legal advice in relation to consent orders, it is highly recommended that you do obtain legal advice such that you are appraised of the risks. Incorrectly worded or lodged Applications can also be rejected by the Court, and accordingly, it is beneficial for a lawyer to prepare the Application. If you choose to instruct a lawyer to provide advice, they can only provide one party advice in relation to the Consent Orders.
Child Support
Child Support can be formalised out of Court via a Binding Child Support Agreement or via an assessment by the Child Support Agency. A Binding Child Support Agreement is an agreement between the parties which lists the payments that will be made by both parents including periodic payments (child support) and non-periodic payments (including school fees, medical expenses and extra-curriculars). Both parties are required to obtain independent legal advice prior to signing a Binding Child Support Agreement.

You may also have child support assessed by a Child Support Agency, which will only cover the periodic payments. This will require you contacting the Agency and providing the documentation requested by them to complete an assessment.
Divorce
A divorce is obtained by filing a Divorce Application with the Court. You may obtain a divorce by lodging a sole application, or a joint application, whereby both parties lodge the application together. You will be required to attend Court for a brief hearing if you share a child under the age of 18 years with your former spouse. However, you are not required to attend if you are legally represented. At this brief hearing, the Judge will review your Application and either request further documents to be filed, or will grant your application.
Although you can prepare a divorce application without obtaining legal advice, it is highly recommended that a lawyer prepare and lodge a divorce application on your behalf, as your application could be dismissed if it is not properly filed or served on the other party.
Generally, if all conditions are satisfied, your application will be granted by the Court, and your divorce will become final one (1) month and one (1) day after the Court hearing.
Approximately 90% of our matters settle prior to a final hearing. If you seek advice on your family law matter, please contact our Family Law Team on 1300 557 819 or via email at admin@cityprosecutor.com.au.