Landing Family

You can file a sole or joint divorce application through the Federal Circuit and Family Court of Australia. If there are children under 18, court attendance is required to show that suitable arrangements are in place. You’ll also need to consider:

• Whether you’ve been married less than 2 years
• If you’ve been separated while living under the same roof
• If you can locate your spouse
• Any name changes since marriage

We recommend seeking legal advice before filing. After divorce, any property settlement or spousal maintenance must be initiated within 12 months.

Yes. Property settlements should be legally formalised either by Consent Orders or a Binding Financial Agreement pursuant to the Family Law Act 1975. Without this, either party may later make a claim against the other’s assets—even years after separation.

• Court Orders are approved by a judge and must be “just and equitable” to both parties.
• Binding Financial Agreements do not require court approval and can include terms based on practical or personal considerations—not necessarily fairness.

Court Orders are usually simpler and less expensive. However, both documents should be prepared with legal advice to ensure enforceability.

A Parenting Order can include terms about:

• Parental responsibility
• Where children live
• Who they spend time with
• Child support
• Other matters relating to welfare and development

Once made, these Orders are legally binding and must be followed. Serious consequences apply for breaches.

Applications can be made by a protected person (victim) or a representative of the protected person (Police Officer or parent). You’ll need to:

• Complete an application form from the Magistrates Court
• Lodge the form and schedule a hearing
• Apply for Interim Orders if you need immediate protection before the hearing

If you are a Respondent to an Intervention Order you will be served copies of the Application, Summons and any Interim Orders made, you may:

• Agree to the Order
• Contest the allegations
• Offer an undertaking (mutual agreement)

Legal guidance is crucial for both applicants and respondents.