A
Affidavit
An affidavit is a written statement where the contents are sworn or affirmed to be true. An affidavit should set out facts, not opinion.
Annulment of Marriage
Annulment happens when a judge decides that there was no legal marriage. If a judge grants an annulment, the marriage is void.
B
Binding Financial Agreement (BFA)
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.
C
Child Support
Financial support under the Child Support (Assessment) Act 1989, including financial support under this Act by way of lump sum payment or by way of transfer or settlement of property.
Child Support Agency
The Child Support Agency is the Federal Government Agency which governs the assessment and collection of child support payments in Australia.
Child Support Agreements
Child Support Agreements are written agreements between parents detailing the child support which will be paid. They are used most often where parents want to have their own arrangements for child support, rather than having child support assessed by the Child Support Agency. If Child Support Agreements are registered with the Child Support Agency and satisfy particular legal requirements, they are binding on the parents.
Cohabitation
Cohabitation refers to the date when two people start living together as a couple in a genuine domestic relationship. If a couple lives together before getting married, the duration of their relationship is measured from the time they began living together, not from the date of their marriage.
Conciliation Conference
A Conciliation Conference (the conference) provides an opportunity for parties to work with a Registrar to make a genuine effort to settle their dispute. With that in mind, you should be thoroughly prepared, take a spirit of compromise into the conference and adopt a practical approach. Reaching an agreement with your former partner will save the need for further court events, including a trial.
Where an order has been made for a Conciliation Conference in the Federal Circuit and Family Court of Australia (the Court), attendance by the parties is compulsory even if you have a legal representative. You and your former partner can meet with the Registrar separately if you have personal safety concerns. You will be provided with all relevant information if the conference is to take place via Microsoft Teams, Webex, or some other electronic service.
Consent Orders
If you have reached agreement about parenting, financial or property matters, you can ask the Court to make orders by consent to make your agreement legally binding.
Contravention Application
It is used for an application alleging a breach of a parenting or other child-related order under Division 13A of Part VII of the Family Law Act 1975.
D
De Facto
A legally recognised relationship between two people (including same-sex couples) who live together on a genuine domestic basis, without being married. De facto couples have similar legal rights to married couples in areas such as property division, spousal maintenance, and parenting.
Dependent child
A child who relies on a parent or guardian for financial, emotional, and/or daily care and support. In family law, dependent children are considered when making decisions about parenting arrangements, child support, and property settlements.
Dispute resolution
he process of resolving disagreements between parties without going to court. It can involve negotiation, mediation, facilitation, or conciliation, and is often faster, less costly, and less stressful than formal legal proceedings. In family law, it helps couples reach agreements on parenting, property, or financial matters.
Divorce
The legal dissolution of a marriage, formally ending the marital relationship and allowing both parties to remarry. In Australia, a divorce can only be granted if the marriage has irretrievably broken down, demonstrated by at least 12 months of separation.
Divorce Order
A formal legal decision issued by a court that officially ends a marriage. Once the Divorce Order is granted, both parties are legally divorced and free to remarry. In Australia, the court issues this order after confirming that the marriage has irretrievably broken down, usually evidenced by 12 months of separation.
Domestic violence
Any behaviour in a family or domestic relationship that is violent, threatening, coercive, or controlling, and causes fear or harm. This can include physical, emotional, psychological, financial, or sexual abuse. Under Australian law, victims of domestic violence can seek protection through Intervention Orders or other legal remedies.
E
Estate
All property, assets, and liabilities owned by a person, especially at the time of their death.
Executor
The person appointed in a Will to administer a deceased person’s estate
Enduring Power of Attorney (EPOA)
A legal document appointing someone to make financial or personal decisions if you lose capacity.
Ex Parte
A court application made by one party without notifying the other, usually in urgent matters like protection orders.
Enforcement Order
A court order requiring a person to comply with existing orders, such as parenting or financial orders.
F
Family Dispute Resolution (FDR)
A process where separated or divorcing parents attempt to resolve disputes about children or property with the help of a mediator, before going to court.
Family Law Act 1975 (Cth)
The primary legislation governing family law matters in Australia, including divorce, parenting arrangements, and property settlement.
Family Report
A Family Report is a written report prepared by a court-appointed professional, usually a Family Consultant, social worker, or psychologist, to help the court make decisions about parenting arrangements for children.
Family Violence
Any violent, threatening, coercive, or controlling behaviour by a family member, often relevant in parenting or protection orders.
Financial Agreement
A binding agreement between parties (usually married or de facto) about the division of property, finances, or spousal maintenance, made before, during, or after the relationship.
G
Guardianship
The legal authority to make important decisions about a child’s care, welfare, and development. In family law, this is often relevant when parents separate or a child is under the care of someone other than their parents.
Grandparent’s Rights
Legal rights that grandparents may have to maintain contact with their grandchildren, which can include applying for parenting orders under the Family Law Act.
H
Hague Convention
An international treaty governing the cross-border removal or retention of children, aimed at protecting children from abduction by a parent to another country.
Hearing
A court session where parties present evidence, make submissions, and argue their case before a judge or magistrate in family law matters.
I
Intervention Order
A court order that protects a person from family violence or harassment, often restricting contact or requiring the respondent to stay away from the applicant.
Independent Children’s Lawyer (ICL)
A lawyer appointed by the court to represent the best interests of a child in family law proceedings, particularly in complex disputes about parenting arrangements.
Interim Order
A temporary court order made while a family law matter is ongoing, which can relate to parenting, property, or financial arrangements.
Injunction
A court order requiring someone to do or refrain from doing something, commonly used in family law to prevent a parent from removing a child from the country or selling property.
J
Judgment
The formal decision made by a court at the end of a family law proceeding, which resolves disputes about parenting, property, or financial matters.
Jurisdiction
The legal authority of a court to hear and decide a matter. In family law, this can relate to Australian family courts or cross-border disputes under international law.
Judicial Officer
A judge, magistrate, or registrar who makes decisions or supervises proceedings in family law matters.
Joint Decision-Making Responsibility
A legal arrangement under the Family Law Act 1975 (Cth) in which both parents are required to make major long-term decisions for their child together, such as decisions about education, health, and religion, regardless of the amount of time the child spends with each parent.
K
L
Litigation
The process of taking a dispute to court to have a judge decide the matter, such as a parenting dispute or property settlement.
Living Arrangements
The day-to-day care and residence of a child, often referred to in parenting orders (e.g., where the child lives and spends time with each parent).
Legal Aid
Government-funded legal assistance available to eligible people who cannot afford private legal representation in family law matters.
Lump Sum Payment
A one-time financial payment ordered by the court, often in the context of property settlements or spousal maintenance.
M
Mediation
A process where separated or divorcing parents attempt to resolve disputes about children or property with the help of a neutral mediator before going to court.
Marriage
The legally recognized union of two people under the Marriage Act 1961 (Cth), which forms the basis for family law matters such as divorce, property division, and spousal maintenance.
Maintenance
Financial support paid by one spouse or de facto partner to the other after separation or divorce, where the recipient cannot adequately support themselves.
Minor
A person under the age of 18, whose care, welfare, and property are considered in family law proceedings.
N
No Contact Order
A court order that prohibits a person from contacting another, often issued to protect children or a parent in cases of family violence.
Nullity of Marriage
A legal declaration that a marriage is void or invalid from the beginning, distinct from divorce, under certain circumstances such as prohibited relationships or lack of consent.
Non-Disclosure
Failure to reveal relevant financial or personal information during family law proceedings, which can impact property settlements or parenting orders.
O
Order
A legally binding direction issued by a court, which can relate to parenting arrangements, property settlement, spousal maintenance, or protection orders.
P
Parenting Order
A court order specifying the care, welfare, and living arrangements of a child, including who the child lives with, time spent with each parent, and decision-making responsibilities.
Property Settlement
The division of assets, debts, and financial resources between parties after separation or divorce.
Parenting Plan
A non-binding agreement between parents outlining care arrangements, visitation schedules, and decision-making responsibilities for their child.
Prenuptial Agreement
A legally binding agreement made before marriage/de facto relationship about property division, finances, or spousal maintenance.
Protections Orders
Court orders designed to protect a person from family violence or harassment, often restricting contact or proximity.
R
Residence
The day-to-day place where a child lives, often specified in parenting orders.
Relocation
When a parent wishes to move a child to another location, either within Australia or overseas, which may require court approval if it affects parenting arrangements.
Recovery Order
A court order requiring a child to be returned to the custodial parent or the parent with primary care, often used in cases of parental abduction.
Registry
The court office where family law documents are filed, served, and managed.
Respondent
The party who responds to an application in family law proceedings, such as in divorce, parenting, or property matters.
S
Spousal Maintenance
Financial support paid by one spouse or de facto partner to the other after separation or divorce, where the recipient cannot reasonably support themselves.
Shared Parental Responsibility
A situation where both parents share major decision-making responsibilities for their child, even if the child primarily lives with one parent.
Superannuation Splitting
The division of a person’s superannuation between parties during property settlement.
Subpoena
A court order requiring a person to attend court or produce documents relevant to a family law case.
Separation under the same roof
A situation in family law where a married or de facto couple is separated but continues to live in the same residence.
Sole Decision-Making Responsibility
A legal arrangement under the Family Law Act 1975 (Cth) where only one parent has the authority to make major long-term decisions about a child’s welfare, including education, health, and religion.
T
Trial
A formal court hearing in which a judge considers all evidence, hears witnesses, and makes final decisions on disputed family law matters, such as parenting arrangements, property settlements, or spousal maintenance.famil
Time with the Child
Scheduled periods when a child spends time with the parent who does not live with them, as specified in a parenting order.
U
Undue Influence
Improper pressure or manipulation by one party to coerce another into signing agreements, such as financial agreements or consent orders, that are not in their free will.
Urgent Hearing
Court hearings or orders that are granted quickly without notice to the other party when immediate protection is needed, often in cases involving family violence or risk to a child.
V
Variation of Orders
A court-approved change to an existing parenting, financial, or property order, usually requested when circumstances have changed significantly.
Valuation of Property
The process of assessing the market value of assets (such as real estate, businesses, or superannuation) for the purpose of property settlement.
Voiding Agreement
Cancelling a financial agreement or contract because it was entered into under duress, misrepresentation, or unfair circumstances.
W
Welfare of the Child
A key principle in family law focusing on the best interests of the child in decisions about parenting, care, and living arrangements.
Withholding Consent
Refusing permission for a parent or guardian to make a major decision for the child, which can be relevant in disputes over education, travel, or medical treatment.
Z
Child Support
Financial support under the Child Support (Assessment) Act 1989, including financial support under this Act by way of lump sum payment or by way of transfer or settlement of property.
Child Support Agency
The Child Support Agency is the Federal Government Agency which governs the assessment and collection of child support payments in Australia.
Child Support Agreements
Child Support Agreements are written agreements between parents detailing the child support which will be paid. They are used most often where parents want to have their own arrangements for child support, rather than having child support assessed by the Child Support Agency. If Child Support Agreements are registered with the Child Support Agency and satisfy particular legal requirements, they are binding on the parents.
Cohabitation
Cohabitation refers to the date when two people start living together as a couple in a genuine domestic relationship. If a couple lives together before getting married, the duration of their relationship is measured from the time they began living together, not from the date of their marriage.
Conciliation Conference
A Conciliation Conference (the conference) provides an opportunity for parties to work with a Registrar to make a genuine effort to settle their dispute. With that in mind, you should be thoroughly prepared, take a spirit of compromise into the conference and adopt a practical approach. Reaching an agreement with your former partner will save the need for further court events, including a trial.
Where an order has been made for a Conciliation Conference in the Federal Circuit and Family Court of Australia (the Court), attendance by the parties is compulsory even if you have a legal representative. You and your former partner can meet with the Registrar separately if you have personal safety concerns. You will be provided with all relevant information if the conference is to take place via Microsoft Teams, Webex, or some other electronic service.
Consent Orders
If you have reached agreement about parenting, financial or property matters, you can ask the Court to make orders by consent to make your agreement legally binding.
Contravention Application
It is used for an application alleging a breach of a parenting or other child-related order under Division 13A of Part VII of the Family Law Act 1975.