With comprehensive shifts projected across Australian Family Law as policymakers continue to account for emerging contexts including the use of AI and evolving definitions of family violence in the digital age, our legal team at Oxford Partners Lawyers have prepared the below list of areas where we can anticipate legislative and regulatory updates in the coming years.

Here are key areas of Family Law that our legal team are keeping a close eye on over 2026.

Legislative/regulatory updates to anticipate in and post-2026

AI in Family Law

The use of AI in Family Law case management and Court proceedings has been heavily contested in recent years, with instances of AI use being recognised and met with severity from the Federal Circuit and Family Court of Australia as recently as November 2025. In the case of Mertz & Mertz (2025), the use of AI to prepare a Summary of Arguments and List of Authorities resulted in errors across the documents, and the Court ordering costs of $10,000 be paid to cover the delays resulting from making the necessary corrections to those documents before retrial.

This case speaks to the Court’s concerns that the use of AI will dilute the quality and reliability of supporting documents in Family Law proceedings, which runs the risk of wasting Court resources in handling and assessing false or incorrect documentation.

Given the risks of continuing time wastage and process delays, it’s highly likely we’ll see legislation surrounding the use of AI in preparing legal documents and potentially across other facets of case management and Court proceedings in the next few years. Our legal team will be anticipating news of at least a bill being introduced to Parliament with the intention of introducing legislation for the use of AI in Australian Law proceedings.

How this may affect your Family Law proceedings

Parties who have been found to have used AI in preparing documents for their Family Law case may not be held in high regard by Court officials, and future instances mirroring Mertz & Mertz (2025) may be used as supporting evidence in calls for AI legislation by policymakers. 

It’s best to avoid using AI for the preparation of legal documents given the elevated risk of errors and AI biases being reflected in documentation. Similarly, our current stance at Oxford Partners Lawyers is that none of our clients nor our Family Lawyers should use AI to facilitate any elements of case preparation and management. 

Data privacy

Data breaches are becoming increasingly common worldwide, posing great risks to consumers and businesses. With minimal legislation currently in place for Australian corporations tasked with the responsible management of consumer and business data, lawmakers are spearheading privacy reforms with the intention of protecting Australian families from the risks of sensitive personal and financial data being leaked in data breaches.

In 2024, the Privacy and Other Legislation Amendment Bill 2024 was introduced to Parliament, outlining a new statutory tort for serious privacy invasions, as well as increased penalties for non-compliance to privacy legislation, and new criminal offences for publishing personal data with malicious intent or to harass individuals. 

Ultimately, the Privacy and Other Legislation Amendment Bill 2024 highlights the responsibilities of not just corporations trading within Australia, but also of Australian citizens in upholding the reasonable rights of others to data privacy.

How this may affect your Family Law proceedings

Digital footprints are now a major point of assessment in Family Law proceedings, with Family Lawyers assessing content on social media profiles across parents, family members, and children as supporting evidence in Family Law matters.

If there is any potential evidence that a party has violated the reasonable right to privacy of another party or of a child, they may be charged with criminal doxing (i.e. the intentional online exposure of an individual’s identity, private information, or personal details without their consent). 

These criminal charges may in turn, affect the outcome of Family Law proceedings in favour of the other party/parties.

Children’s Online Privacy Code

With the social media ban for under-16s having come into effect in 2025, the Office of the Australian Information Commissioner (OAIC) is paving the way for additional legislation designed to protect children from privacy risks associated with accessing content online without supervision. This push for action was also prompted by the publication of the Privacy and Other Legislation Amendment Act 2024, which introduced a mandate for the OAIC to develop a Children’s Online Privacy Code designed to put children at the centre of privacy protections in Australia.

The Code has since been approved following consultations with industry stakeholders, academic experts, and civil society reviews. We can expect the Code to be in place by December 10th, 2026.

Under the Children’s Online Privacy Code, social media services and other electronic services (i.e. messaging apps, email services, video conferencing software, online games, etc.) and designated internet services (i.e. cloud storage solutions, download/upload websites, streaming platforms, consumer IoT devices, etc.), must comply with Australian Privacy Principles (APPs) and all other relevant requirements.

How this may affect your Family Law proceedings

The development of Children’s Online Privacy Code indirectly reinforces parental responsibilities for their children’s online safety in Australia’s legal landscape. Given the observed emotional and psychological risks of exposing children to disturbing or age inappropriate content online, incidents where a child’s online safety has been compromised may become relevant in custody discussions in the near future. 

Ultimately, maintaining children’s safety online is a collective responsibility upheld by parents, family members, schools, and corporations that provide social media, electronic, and/or designated internet services.

Family violence 

The Family Law Amendment Act 2024 was put into effect as of June 2025, with review of the amended legislation set to be carried out as soon as possible following the 10th of June 2028. As the legislation is still relatively new, Family Lawyers across Australia are scrutinising the impacts of the amendments across recent case records, and implementing findings for their own clients.

One of the key changes outlined in the Amendment Act was a redefining of ‘family violence’ to include financial and economic abuse (i.e. controlling the access to money of another party, purposefully inhibiting another party’s capability to maintain a consistent income, dowry abuse, etc.).

How this may affect your Family Law proceedings

New and expanded examples of family violence have been included in the Amendment Act 2024 to support Australian families in maintaining legal precedent to support claims of family violence relating to financial coercion and controlling behaviours. 

These new examples and expanded, more culturally inclusive definitions will ultimately ideally make applications for intervention orders easier and more feasible for Australian families, alongside providing parents who have experienced abuse with greater support in facilitating just and equitable property settlements.

Stay in the loop with Family Law updates with our legal blog

Although there are anticipated to be more tech-focused amendments to Australian legislation in the years to come, the key areas we’ve outlined above were selected due to the great activity that has been observed surrounding reform and in state and federal courtrooms over recent years.

Our team at Oxford Partners Lawyers are passionate about keeping their finger on the pulse, which is why we stay on top of Family Law updates across our legal blog. If you’d like to keep in the loop with us to ensure your own Family Law cases stay well-informed, then explore our wider blog at our website, or contact us directly to speak with a member of our legal team, or to book a complimentary 30-minute preliminary consultation to discuss your current and future Family Law matters further.

The decisions they make across Family Law cases that refer to new contexts can ultimately influence the outcome of future decisions – including across your own Family Law matters. This is why our legal team at Oxford Partners Lawyers advocates for staying up-to-date on all the developments within Australian Family Law.

Thankfully, our team is here to outline top High Court Family Law decisions that have piqued the attention of Family Lawyers across Australia over the 2025 calendar year. Here are the top decisions made by the Federal Circuit and Family Court of Australia in 2025 that we estimate will have a lasting impact on the Family Law Act, and future Court proceedings for Family Law matters.

Major High Court decisions recorded from 2024-2025

Use of AI in Family Law documents – Mertz & Mertz (No 3) [2025] FedCFamC1A 222

In Mertz & Mertz (No 3), the FCFCOA saw that artificial intelligence was used in the preparation of the appellant’s ‘Summary of Argument’ and ‘List of Authorities’. As a result, the authorities were reportedly incorrect, and the Court demanded clarity on the extent and nature of the use of AI, including what AI tools were specifically used to prepare the documents.

As the use of AI in this instance resulted in the Court being provided with incorrect references, the Court made an order that the former solicitor for the appellant pay the respondent $10,000 as the costs of sunken time (i.e. time spent on correcting the AI errors). 

How this decision may impact your Family Law matters

The use of AI in Family Law is still a heavily contested issue, with some legal analysts recognising the value of artificial intelligence in streamlining document preparation and ultimately, reducing legal costs. However, in instances where AI-generated documentation records errors, the reduced consultation time and legal fees may be cancelled out by Court orders to cover costs associated with correcting mistakes in presented documents.

In generating legal agreements, the use of AI can also enable AI biases that culminate in sexist or other discriminatory resolutions to Family Law matters, such as an ex-wife’s needs being favoured over an ex-husband’s in a child custody agreement.

As there are no plans from AI developers to rectify these issues and support the technology being more suitable for legal applications, the FCFCOA will likely be responding poorly to the use of AI.

Financial non-disclosure in property settlements – Willis & Mulder [2025] FedCFamC1A 217

In this incredible case, a wife filed an appeal from final property settlement orders on the basis that the primary judge overlooked the husband’s potential financial non-disclosure. Post-trial evidence exposed gross dishonesty not only from the husband but from both parties, recognising that the total realistic value of some assets on both sides (incl. jewellery, musical instruments, two dissolved off-shore corporations, and Australian bank accounts), were not properly disclosed in the primary Court proceedings.

The new evidence revealed extensive inconsistencies in the husband’s original financial disclosure documents, where the original documents established him as unemployed and on a pension. In actuality, the husband had recorded an annual taxable income of $176,000 and affirmed he was self-employed. This new evidence prompted the Court to schedule a rehearing and for costs ordered in a fixed sum.

The judge ruling over this current appeal proceeding ruled that no error was made by the primary judge over the original property settlement order on the basis that had the post-trial evidence been made available to that judge, the original ruling would have been more balanced for both parties.

How this decision may impact your Family Law matters

Property framework amendments are among some of the Family Law changes as of June 2025, with the Family Law Amendment Act 2024 highlighting the duty of disclosure in financial or property matters from both parties and elevating the possible consequences of non-compliance with that duty.

For future Family Law cases, parties who’ve demonstrated non-compliance with their duty of disclosure may experience more adverse consequences including punishment for contempt of Court, including costs orders and potential consideration of that non-compliance in determining Court rulings.

False allegations of sexual abuse – Joustra & Schuman [2025] FedCFamC2F 1478

In this case, a mother sought an appeal for a parenting agreement that had originally been instated in 2023, on the grounds that her child (b. 2019) had been a victim of sexual abuse at the hands of his father. After asserting that the child had notified her of the abuse in 2024, the mother cut off all contact with the father, thereby breaking the parenting agreement on the basis that she was concerned for the welfare and safety of her child.

Law enforcement officials and medical professionals were brought into interview and evaluate the child for evidence of sexual abuse and no such evidence was found by the assessors. Despite this, the mother asserts they continued to believe the claims of their child, and exposed the child to repeated questioning by herself and third-party specialists, including the family’s therapist.

The Court ascertained that the child had developed immense distress and confusion due to the continuing questioning, and called into question the mother’s conduct and whether the distress was resulting from the child’s exposure to a potentially false narrative.

Court proceedings ended with the mother eventually conceding that her belief is the father did not sexually abuse his child, which prompted the judge to recognise it was in fact, the child’s mother and not the father that posed a risk to the child’s emotional and psychological safety. This prompted the establishment of a protective order, wherein which the father would have sole parental responsibility over the child, with an eight week moratorium on time with the mother which would give way to a gradual transition from supervised to unsupervised time, dependent on the mother’s continuing progress in therapy and compliance with the protective order.

How this decision may impact your Family Law matters

False allegations in custody disputes are treated with proportionate severity by the Family Court of Australia, and may even incur criminal penalties in cases where the allegations have adversely affected parties. Under the Family Law Act of 1975, legal repercussions for false allegations also includes provisions for the accusatory party being responsible for Family Law costs for the other party that were resulting from their having to respond to the falsified claims made against them.

In this instance, the judge ruled that the mother was required to undergo psychiatric treatment herself before any chances of reconciliation with her child would be possible. With the fair yet still unfortunate outcome of this case in mind, we advise our clients at Oxford Partners Lawyers to consider the legal repercussions of false allegations before bringing any claims to Court.

Stay up-to-date with Family Law developments in our blog

The Federal Circuit and Family Court of Australia make their rulings based on what outcomes will best support the safety of the parties involved, and conserve the time and attention of the Court. In key cases such as the three we’ve outlined above, the final orders demonstrate areas for potential future amendments to the Family Law Act of 1975 to better support the efficiency of Court proceedings and ensure more swift, positive outcomes for parties involved.

If you’d like to stay in the loop with legal news, then explore our wider blog here at Oxford Partners Lawyers, or check out our legal resources page to see where you can find more information on the Federal Circuit, the Family Court of Australia, and other Family Law entities and organisations. 

Below, our legal team at Oxford Partners Lawyers have summarised the Family Law reforms that were rolled out as of June 2025 for your ease of reading. 

Summary of Major Family Law changes (June 2025)

Schedule 1: Property

Family violence definition

The Amendment Act will now recognise economic or financial abuse as family violence within Section 4AB of the Family Law Act. 

This effectively means that the Court now considers controlling behaviours like restricting access to money, hiding assets, or taking out loans in a partner’s name as actions that purposefully create financial dependency and reduced autonomy for the affected partner.

The Amendment will also include new examples of dowry abuse to support legal precedents for future cases that explore economic or financial abuse in culturally diverse families.

Property framework amendments

The Family Law Amendment Act also includes a simplified and codified 4-step process for dividing assets following a divorce or separation. The new framework is as follows:

Step 1: Identify the property pool

Outline all assets (income, property, savings, etc.), liabilities (businesses, debts, etc.), and superannuation interests. 

Step 2: Assess contributions

Assess both financial (income, etc.) and non-financial (homemaking, parenting, etc.) contributions to accurately identify each party’s legal and equitable rights and interests in the total property pool.

Step 3: Consider future needs

Consider the current and projected future circumstances (i.e. age, health, income capacity, care of children, lasting impacts of family violence or economic abuse, etc.). At this step, the Court can use realistic projections of future needs to make an adjustment in favour of one party if it would be just and equitable to do so.

Step 4: Ensure the final outcome is just and equitable

Determine the final overall percentage split of the property pool. Here, the Court must outline specific properties, finances, and liabilities to implement the proposed split, and be satisfied that the proposed split is fair and equitable.

Note that Family Law Courts can approach these steps in any order. The framework is not considered to be a linear process, but rather to provide a clear pathway for amicable separations that balance both contribution and circumstance.

Spousal maintenance

Under the Amendment Act, family violence has now been added into the list of factors that the Court can consider when assessing grounds for spousal maintenance orders. Where relevant, the Court will now consider the economic effects of incidents of family violence to which one party has subjected or exposed the other party.

Companion animals

Under the Amendment, pets that aren’t assistance animals nor kept for more than one purpose (i.e. companionship and sheepherding, for example), will no longer be treated as property but rather as ‘companion animals’. In determining which party will be granted rights of ownership to a companion animal in separation or divorce proceedings, the Court can now take into consideration:

• Any history of actual or threatened abuse towards a companion animal
• Any attachment/relationship to the companion animal by a party or a child
• The ability of each party to provide care for the companion animal over the foreseeable future

Animals that are not classified as ‘companion animals’ will still be dealt with as any other type of property interest. 

Less adversarial approach

The Amendment Act outlines the Court’s authority to proceed with a less adversarial approach, aiming to reduce intimidation and stress of court processes for families. 

This less adversarial approach can include:

• using technology to facilitate remote attendance where there are allegations of family violence,
• allowing evidence of the occurrence and effect of family violence which may not otherwise be admissible,
• suspending portions of the rules of evidence (unless the Court orders they should apply to an issue in proceedings in exceptional circumstances).

The table above (taken from the Attorney-General’s Department PDF on Family law changes from June 2025) outlines how you can determine whether the less adversarial approach can be either automatically applied to your proceedings, or can only be applied with consent of the parties or at the discretion of the Court.

If you have any questions on the table above, don’t hesitate to contact our legal team at Oxford Partners Lawyers for more information.

Duty of disclosure (in property and financial matters)

Under the Amendment Act, the duty of disclosure now applies from the moment negotiations for property and financial settlements begin and all the way through until a resolution has been reached. Non-compliance to the duty of disclosure will now be met with stronger penalties (including potential criminal penalties such as fraud charges), and the overturning of agreements made when assets were hidden.

Details that must be disclosed include:

• All assets and liabilities
• Superannuation
• Any interests held in trusts and/or companies

Arbitration

The Amendment Act includes a single, collated list of matters that are eligible for arbitration. This helps remove unnecessary distinctions between the types of Family Law matters that can be arbitrated privately or by Court order.

Under the Amendment Act, an arbitrator can now also apply to the Court for orders about the conduct of the arbitration. This includes requesting the termination of an arbitration in cases where a change of circumstance has made the arbitration no longer appropriate or potentially even unsafe for any parties involved.

Schedule 2: Children’s contact services

The Amendment Act enables the Australian Government to establish accreditation requirements for children’s contact services (CCS). These requirements are to be formally established as industry regulations.

Once these new regulations are enacted, Courts will only be able to refer Australian families to accredited CCS providers. Penalties can apply for non-compliance from CCS providers.

The Amendment Act now also limits the sharing of information that could potentially compromise the safety of children and families in accessing CCS. The example provided here by the Attorney-General’s department is details of a public transport route and schedule that a family member might use to attend a session.

Schedule 3: Case management and procedure

Removing limitation on applications for divorce

Prior to the rollout of the Amendment Act, couples who had been married for less than two years first had to attend counselling and obtain a certificate outlining that they had accessed professional support to consider the possibility of reconciliation. The Amendment Act has now removed this requirement, ensuring that couples who have been married for less than two years will now be subjected to the same processes under Part VI of the Family Law Act. 

Note: couples must still be separated for a minimum of 12 months and one day to be eligible to apply for a divorce order.

Attending family dispute resolution before applying for Part VII orders

To be eligible for a successful application of a parenting order, parties must now be required to file a certificate from an accredited family dispute resolution practitioner to confirm that parties have attended family dispute resolution, and that the practitioner in question does not consider FDR to be the appropriate path of action for the unique circumstances of those parties.

Exemptions of this FDR certificate are as follows:

• There is documented urgent need for the parenting order
• There has been child abuse and/or family violence by a party
• There is a risk of child abuse/family violence by a party if a delayed approach is taken
• A party is unable to participate in FDR (i.e. due to geographic location or other incapacity)
• There’s historic evidence that a party who has allegedly contravened an order made in the last 12 months behaved in a way that shows a serious disregard for their duties/obligations under that order.

If none of the above exemptions are demonstrated, the Amendment Act now allows the Court to reject a Part VII (parenting) application for filing if no FDR certificate is presented, however parties can seek a review of this rejection in some instances if required. 

Attendance at divorce proceedings

Changes to Section 98A of the Family Law Act now allows the Court to hear sole divorce applications without attendance at Court (even if there are children under the age of 18 years to the marriage). Under the Amendment, divorcing parties will also have the same court attendance requirements, regardless of whether they file solely or jointly, or whether there are children of the marriage.

Commonwealth information orders

In cases where a parent or guardian relocates with a child without consent from other parties involved in a parenting agreement, the Court can grant a Commonwealth information order (CIO) which compels Commonwealth departments or agencies to provide information concerning the location of that child to work towards the recovery of that child and/or the service of a parenting application.

Under the Amendment Act, CIOs are no longer limited to the child, a parent, or a person with whom the child lives. Now, the category of persons that Commonwealth departments or agencies may need to provide information to under a CIO has been expanded to include parents, siblings, grandparents, uncles and aunts, nieces and nephews, cousins, step-relatives, foster relatives, and any other person the court deems relevant and who

has a connection to the child (for example, a person who lives with or cares for the child).

Jurisdiction of state courts to make parenting orders

The Amendment Act outlines the operation of existing provisions of the jurisdiction of state or territory courts to approve Family Law parenting orders. The amendment explicitly empowers a state or territory court prescribed for the purposes of Section 69GA with the same jurisdiction under Part VII of the Family Law Act as if those proceedings were heard in a state or territory court of summary jurisdiction.

Protecting sensitive information

The Amendment Act includes provisions for preventing access to evidence relating to confidential communications (i.e. ‘protected confidences’) on the basis that disclosure of this evidence may be distressing and harmful to parties involved.

Some examples of evidence that falls under the umbrella of protected confidences includes:

• Where a person seeks treatment or support from health services, or family/sexual violence services
• Any other services where there is an express or implied obligation of confidentiality from practitioners 

When a party requests or subpoenas records which include protected confidences, the Court has the authority to make a direction to protect this type of evidence where access would be likely to cause harm to a protected confider or a child involved in the proceedings. 

Here, the Court will decide whether the harm (i.e. physical/psychological/financial harm, etc.) to affected parties or children were the evidence to be disclosed, would outweigh the desirability of accessing that evidence. In parenting proceedings, the best interests of the child will be the Court’s foremost consideration.

Schedule 4: General provisions

Costs orders

The Amendment Act now replaces the costs provisions in the Family Law Act to provide greater clarity about when and how the Court can make costs orders in Family Law matters. 

The amendments to cost orders includes:

• Provisions that were found in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and Family Court Rules 2021 (WA) into the Family Law Act, including rules relating to when a party may make an application for costs, how costs will be calculated, and the types of costs orders that the Court may order
• Clarifications that recipients of assistance under the Family Violence and Cross-examination of Parties Scheme may be ordered to pay for costs of the ICL unless an existing financial hardship provision applies
• Clarifications that cost orders can be made against parties who previously received legal aid, but are no longer eligible due to a change in financial circumstances.

Rule-making power for a Family Court of a State

The Amendment Act provides a new power for a Family Court of a State to make its own rules of court when exercising its federal Family Law jurisdiction. These changes support the Family Court in Victoria to make and change Court rules without requiring approval from the judges of the Federal Circuit and Family Court of Australia (Division 1).

Review of approved methods and factors for valuing superannuation interests

The Amendment Act establishes a power to make regulations requiring superannuation trustees to review the actuarial formulas (called the approved methods and factors) used to value superannuation interests for Family Law matters. This includes transitional arrangements to be made for the Family Law (Superannuation) Regulations 2001, by providing the Minister with the power to approve ‘transition factors’ for calculating a non-member spouse’s entitlement after a family law superannuation splitting order or agreement.

Separation declaration requirements

The Amendment Act removes certain separation declaration requirements for parties seeking to split their superannuation by agreement, where the total value of a member’s superannuation interests exceeds the low rate cap set under the Income Tax Assessment Act 1997. This reflects that the low rate cap is no longer relevant for taxation purposes from 1 July 2024.

Have more Family Law questions? Speak with our team today.

All of the June 2025 amendments to the Family Law Act as outlined in the Amendment Act 2024 will be scheduled for review after the 10th of June 2028 to assess the efficacy of implementation and adherence to these amendments. 

Our legal team at Oxford Partners Lawyers anticipate the Parliamentary report outlining this review and plan to keep our clients updated accordingly.

To keep in the loop with this and more legal news, visit our blog. Or check out our legal resources page to explore the information provided above directly from the source at the Federal Circuit and Family Court of Australia websites and other relevant sources.

This is why under Australian Family Law, plans for relocating with children must be approved by both parties through mediation or if necessary, via the Family Court.

At Oxford Partners Lawyers, our Family Lawyers have had extensive experience navigating relocation under Australian Family Law, supporting Melbourne families in developing and updating parenting orders and relocation plans to support the best interests of the child or children.

Below, our Family Lawyers have provided their insights into the process of relocating with children under a parenting agreement, outlining what happens if one parent disapproves of the relocation plan, and how a swift resolution can be met.

What Constitutes Child Relocation?

Child relocation occurs if one parent decides to relocate following a divorce or marriage separation. Child relocation can happen on a range of different scales, from moving out of the family home to moving interstate or even overseas. Child relocation can also include plans for holiday travel.

Moving House

There are many different arrangements finalised under a parenting agreement, including plans for education and schooling of children, as well as childcare, financial planning, and living arrangements. For parents with joint custody, agreeing upon living arrangements that are convenient for both parties helps ensure that both parents can easily pick up and drop off children with minimal disruption to both their schedules and the schedules of their child/children. This ease of communication and collaboration are essential for healthy co-parenting.

Court decisions can take time,which is why family mediation is oftentimes a more preferable pathway. Allowing for swifter resolution, family mediation sessions can also allow parents to speak openly and reach an understanding. If a negotiation cannot be made in mediation, the relocation matter can be escalated to the Family Court.

Need to take your relocation matter to family mediation? Here’s more information on how you can prepare for your mediation session to ensure smooth communication and a prompt resolution.

Holiday Travel

Although child relocation due to holiday travel is temporary, there may still be court orders preventing children from leaving the state with one or either of their parents – even for a holiday. 

For parents who are in dispute regarding holiday travel plans made by either or both parties, family mediation sessions can be arranged to meet a swift resolution that stipulates travel dates, duration of the trip, and destinations that will be visited.

Parents may also be required to sign passport applications for international travel plans. In some cases, however, the Court may approve a passport be issued without the other parent’s consent if they believe the approval to be in the child’s best interests.

Overseas Relocation

If one parent opts to relocate overseas with their child or children, they can file for a relocation order that stipulates the permanent international move. These are the most difficult relocation orders to secure consent from both parties, as the overseas move might require a total revisiting of parenting orders and custody arrangements.

If the non-relocating parent does not consent to the overseas relocation plan, the relocation order may be taken to the Family Court of Australia to determine whether the plan is in the best interests of the child. Court proceedings may delay international travel for the children and the relocating parent for upwards of weeks to months. If the relocating parent moves away before Court rulings are finalised, they may be in violation of the Hague Convention.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that defines the criteria for international parental child abduction. Under the Hague Convention, parents have a right to seek to have their child returned to their home country if that parent claims the child was taken without their permission and without the authorisation of the Court.

In Australia, Family Lawyers can offer support in filing applications for overseas relocation or travel, or in assisting parents that seek to file a court order to have a child returned under the Hague Convention. 

Note: if a child has been relocated to a foreign country that does not recognise the Hague Convention, a Family Lawyer can still offer guidance in having the child returned to their home country. In these child relocation cases where the child’s home country is Australia, the Department of Foreign Affairs and Trade may need to intervene to assist parents in securing services with a lawyer based in that non-Hague country.

How to Apply for a Child Relocation Order

To apply for a child relocation order, the relocating parent will need to first file an Initiating Application with the Federal Circuit and Family Court of Australia. This Initiating Application should include:

• Proposed destination for relocation (including a new residential address)
• A revised parenting plan
• Consent orders to demonstrate consent from both parties
• Any supporting documentation to corroborate that the relocation is in the best interests of the child/children

If the non-relocating parent does not provide their consent, family mediation sessions may need to be scheduled prior to filing the child relocation order with the Federal Circuit and Family Court of Australia. If an amicable agreement still cannot be reached during family mediation or dispute resolution, then the relocating parent can file directly to the Court for Court officials to assess whether the proposed relocation does in fact, maintain the best interests of the child/children involved.

Key Factors that are Considered in Parent Relocation Matters

Under Sections 60CC and 65DAA of the Family Law Act of 1975, both parents have the right to quality time with their children and as such, plans to move away from the original family home or from the child or children’s home environment, must be approved by both parties.

If the parties cannot reach an amicable agreement, the matter can be taken to the Family Court of Australia for assessment. Some of the factors that the Court will consider when assessing relocation plans include:

• The grounds for the relocation planning
• The availability of family support at the new location
• The anticipated quality of life for the child/children at the new location (i.e. access to schooling, healthcare, etc.)
• The preferences of the child/children 
• Whether full or partial consent has been provided by the non-relocating parent
• Whether there are inclusions for visitation/time-sharing arrangements with the non-relocating parent
• The estimated travel distance and duration of travel (in holiday planning cases)

Work with Oxford Partners for your Family Law Relocation Case

Amending parenting orders to include relocation plans can be an emotional and time-intensive process. As such, if you are considering filing a relocation order to the Family Court of Australia, it’s imperative that you secure legal counsel that’s empathetic towards you and your family and understand the value of a swift and fair resolution.

At Oxford Partners Lawyers, our Family Lawyers take pride in providing empathy-driven Family Law services, providing support for all the more detailed aspects of parenting and child custody arrangements, including amendments like relocation planning.

If you’d like to ensure a swift resolution to your relocation case, get in touch with our team of Family Lawyers at Oxford Partners Lawyers to book your free consultation.

Frequently Asked Questions

How far away can a parent move under their child custody agreement?

For joint custody arrangements, there is no specific distance as to how far a parent can relocate with their child. As such, it’s up to the Court to decide whether the relocation plans are in the best interests of the child.

How long does a child relocation case take?

It can take upwards of weeks or even months for the Court to provide their ruling on parent and child relocation cases. This is why family mediation is the preferred method for reaching an amicable agreement between both parties involved in a relocation order.

Can I add a relocation order to an existing parenting agreement?

Yes, a relocation order can be added to an existing parenting agreement. If both parents agree to the relocation plan, they can formalise the relocation arrangement through a consent order. If the relocation plan requires revisions of the existing parenting agreement, these revisions can be made with assistance from Family Lawyers.

Are there any risks for relocation without consent from the other parent?

If one parent relocates without the other parent’s consent, there is a risk of being issued a recovery order by the Court. This court order may negatively impact Court assessments of that parent in the future, which may then result in updates to the parenting agreement or custody arrangements in favour of the contesting parent.

Also Read the Articles:

• Family law time limits – is the clock ticking?
• Understanding Discovery And Disclosure In Family Law
• What Legal Rights Do Grandparents Have Under Australian Family Law?

Pets are well regarded as valuable family members, which is why it comes as no surprise that there is often a fair amount of tension and disagreement when it comes to pet custody after a divorce. If you find yourself in this predicament, we’re here to help. Today, we look at what your rights and entitlements are when it comes to your beloved fur babies, so read on to find out more.

Pets Are Property

It may sound controversial or even upsetting, but in the eyes of the law, pets are property and are not mentioned in the Family Law Act 1975 (Cth) . Because of this, your shared pets are considered a part of your property settlement when separation occurs. This is often a difficult concept for many to grapple with due to the emotional attachment we naturally have with our pets. In the majority of cases, the Courts will make an order and award a pet to either party in the same order that lists other personal property.

Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset: will consider pets in

• Who purchased the pet?
• Whose name is registered on the pet’s microchip?
• Who cares for the pet?
• Who feeds, cleans and walks it?
• Who pays for the pet’s insurance?
• Whose name is it registered in?

For more on how the Courts decide on property division, be sure to check out our previous blog article.

What Are Some Of My Options?

Some couples choose to pre-determine their financial position at separation, also known as a Binding Financial Agreement. Your BFA will entail a clear outline about exactly what will happen to your assets at the point of separation or thereafter. It is important to note that there is absolutely nothing stopping you from including your pets in these agreements!

If there is a child involved, we encourage you to take your child’s emotional needs into account when making a decision on who gets to keep a pet. In many instances, parents end up deciding to let a pet live wherever a child is living to reduce the chances of separation anxiety or emotional distress.
Mediation Can Be Incredibly Helpful

Generally speaking, the Court’s preference is for couples to work out ownership issues amongst themselves. This is where family lawyer-assisted negotiations or mediation can be an incredibly powerful tool. Ideally, you and your ex should try your best to come up with a mutual agreement as to who will take ownership of a pet after separation or divorce.

Increasingly during mediation, “Pet Parenting Agreements” are made, where parties agree on factors such as who the pet lives with, who does changeover, basic care agreements, what vet the pet goes to and so on. Although pet parenting agreements are informal, they can be incredibly helpful if you choose to share the responsibilities of your pet with your ex-partner.

What If We Can’t Come To An Agreement?

As mentioned above, if you and your ex-partner fail to come to an agreement on who will get your pet, there are a few principles the Courts will apply when making a decision about pet ownership. Do keep in mind that the Courts look solely to factual scenarios rather than emotionally charged ones. For example, one of these scenarios can be as simple as who wants the pet more. Whichever way it goes, it is important to note that there is no such thing as a formal or court-ordered custody arrangement for pets.

If you find yourself in this difficult situation, getting in touch with one of our expert family lawyers can be beneficial.

The Bottom Line

At the end of the day, there are no right or wrong ways of dealing with pet ownership or custody in the event of separation. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended.

At the end of the day, any decision you make with regard to pet ownership should always prioritise your pet’s best interests in the long run.

If you are going through a separation involving a dispute of pet ownership, the expert team at Oxford Partners is here to assist. Our experienced family lawyers are able to assist you in negotiations to help you avoid the long and expensive process of going to Court.

If you have questions surrounding the concept of no-fault divorces in Australia, however, it’s highly recommended that you consult with a Family Lawyer to learn whether a no-fault divorce is the right solution for you and your family.

To help drive your own research, our own team of Family Lawyers at Oxford Partners Lawyers are here to provide more information on no-fault divorces in Australia, covering what they are, how they came to be developed, and what benefits a no-fault divorce may provide for you and your family. 

Here’s everything you need to know about no-fault divorce in Australia.

What is a No-Fault Divorce?

As stated in the Family Law Act 1975 (Cth), no-fault divorce is a legal concept that allows married couples to divorce without assigning blame to either party for the breakdown of the marriage. 

The concept of no-fault divorce was introduced into Australia’s legal system primarily to simplify the process of divorce for married couples that are seeking separation or divorce proceedings. Removing the need to examine who is at fault across both parties helps ensure divorce proceedings are easier and more harmonious, supporting Australian families in navigating divorces and separations with reduced conflict and trauma for both parents and children alike.

When was the No-Fault Divorce Introduced in Australia?

No-fault divorce laws were originally introduced into Australian Family Law in 1975. The reasoning behind the introduction of the no-fault divorce legislation includes:

• To remove religious and moralistic approaches to marriage;
• To promote the notion that anyone should be able to leave a marriage equally, without having to be legally held for its breakdown;
• To simplify the process of filing for divorce or separation, making divorce proceedings more accessible for all, including for vulnerable or under-resourced Australian citizens;
• To align laws with ever-changing social and cultural shifts.

The History Of No-Fault Divorce in Australia

Prior to the new laws pertaining to no-fault divorce introduced in Australia in 1975, the process of filing for divorce was much more lengthy and difficult for couples and families. This was because prior to 1975, either party applying for a divorce was required by law to provide evidence of abuse, adultery, alcoholism, insanity, abandonment and a number of other reasons behind the desire to divorce one’s spouse. 

This burden of proof often led to lengthy divorce battles and expensive court fees for everyone involved. Not to mention, the emotional and psychological pain that is often associated with messy divorces.  

Without no-fault divorce laws, there were also elevated risks of spousal abuse, and that individuals who found themselves in an unhealthy marriage would have to remain unhappily married to their spouse. Thankfully, with the simplified processes made possible by introducing the concept of no-fault divorces, these risks have largely been mitigated for Australian families.  

Key Reasons for the Introduction of No-Fault Divorce in 1975

The reasoning behind the introduction of the no-fault divorce legislation includes:

• To remove religious and moralistic approaches to marriage;
• To promote the notion that anyone should be able to leave a marriage equally, without having to be legally held for its breakdown;
• To simplify the process of filing for divorce or separation, making divorce proceedings more accessible for all, including for vulnerable or under-resourced Australian citizens;
• To align laws with ever-changing social and cultural shifts.

What Are The Valid Reasons For No-Fault Divorce in Australia?

The next question you probably have is about the valid reasons for no-fault divorce. In Australia, the only reason you need for a no-fault divorce is the irretrievable breakdown of the marriage. Depending on which side of the pond you are on, this can also commonly be referred to as “irreconcilable differences”, “irremediable marriage issues”, or “incompatibility”.  

Regardless of your situation, with the introduction of no-fault divorce, you can be assured that divorce is possible. The first and most important thing you should do if you are considering divorce is to get in touch with an experienced Family Lawyer.

What Are The Benefits Of No-Fault Divorce?

Here are just a few benefits that no-fault divorce can offer couples: 

• No-fault divorce has made the process of divorce exponentially simpler and more cost-effective for all parties involved. 
• No-fault divorce helps to reduce the potential hostility and conflicts surrounding divorce. Less conflict also results in lowered chances of emotional harm to dependents.
• No fault divorce plays a critical role in empowering victims of domestic abuse and unhealthy relationships to leave a marriage, particularly because there is no need for a victim to “prove” that they have been abused. 
• Financial settlements are based solely on a spouse’s need, ability to pay, and financial contributions to the family as opposed to what they did to cause the divorce. 

Can A No-Fault Divorce Be Contested?

The simple answer to this is yes. If your partner does not agree to a divorce and chooses to contest it, he or she will be required to satisfy the Registrar that there is a procedural reason for why a divorce should not be granted.  A Registrar will need to be satisfied that:

• There was a valid marriage;
• Australia has the jurisdiction to deal with said marriage;
• There is irretrievable breakdown of the marriage;
• Both parties have been separated for a minimum of 12 months prior to divorce applications; and 
• There are arrangements made for any children involved.

For a no-fault divorce application to be contested, the responding party will be required to prove that one (or more) of the above factors are not satisfied. 

Are You Eligible To Apply For No-Fault Divorce?

Some of the current requirements for obtaining a divorce in Australia include: 

• You must have been separated for at least 12 months before you can apply for a divorce.
• At least one party has been residing in Australia for at least 12 months immediately before filing for divorce.
• You must be able to satisfy the courts that there is no reasonable likelihood of resuming married life.
• If you were married overseas and your foreign marriage is recognised in Australia, you must provide the Court with a copy of your marriage certificate that is translated to English, if applicable. 
• Appropriate arrangements are made for the care of minors or children under the age of 18. 

The first thing you should do if you are seeking a no fault divorce is to get in touch with one of our experienced family lawyers who will be able to  help you figure out the process in detail and prepare the Application for Divorce.  To book your free preliminary 30 minute consultation, simply call Oxford Partners at (03) 9670 7577 or complete the form on our contact page and we will get back to you as soon as possible.

If you are a step-parent, it is vital that you are aware of where you stand. In today’s article, we aim to demystify the legal rights and responsibilities of step-parents, in order to help couples better navigate family life in a world post-separation or divorce. Read on to find out more. 

Defining “Step-Parent” 

In order to better understand your rights and entitlements, we first need to understand the legal definition of the term “step-parent”. According to Section 4 of the Family Law Act 1975 (Cth) (“the Act”) a stepparent is a person who:

• is not the biological parent of the child;
• is, or has been, married or in a de-facto (same-sex couples included) relationship with a parent of the child; 
• and while in a relationship with a parent of the child, treats the child as a member of the family with that parent. 

Legal Responsibilities Of A Step-Parent

As a step-parent, you have the authority to make decisions concerning and affecting the care, welfare and proper development of a child. However, it is important to note that step-parents do not automatically have legal parental responsibility. 

This means that a step-parent cannot legally authorise medical care, sign school forms, apply for passports and so on. There is an exception for emergency medical situations when you might be asked to give consent to a procedure if neither of your stepchild’s biological parents are available. 

Parenting Orders For Step-Parents

Should you want to gain parental responsibility for a child as a step-parent, you will need a parenting order or consider adoption. It is always advised that you seek legal advice from an experienced family lawyer regarding parental responsibility as a step-parent. 

A parenting order will allow you to: 

• Go to school events that parents are invited to;
• Receive school notices, reports and any other teacher-parent correspondence;
• Acquire information about your stepchild’s health and education;
• Pick a stepchild on behalf of a biological parent;
• Spend time and communicate with a stepchild even if you separate from his or her biological parent.

Note: It is important to note that step-parents are only granted parenting orders in special circumstances – for example when both biological parents aren’t available/fit to the parent or there are concerns for a child’s welfare.

Adopting A Stepchild

Adoption is another path that is available to stepparents. Of course, this will require the consent of both biological parents, unless one of those parents has passed away. If you adopt your stepchild, you become your stepchild’s legal parent. 

Adoption laws vary between states and can be complex. As such, it is imperative that you get in touch with one of our trusted family lawyers if you are planning to adopt your stepchild. 

What Are My Custody Rights As a Step-Parent? 

Under Australian law, if a step-parent and a child’s biological parent are separated or divorced, a step-parent does not automatically have the entitlement to spend time with their stepchild or to commence court proceedings. However, a parent and stepparent can reach an informal agreement or enter into a Parenting Plan. 

If you are a step-parent seeking a court order for time with a stepchild, you must first obtain leave of the Court to start proceedings, or to join existing proceedings.

Section 65C of the Act provides means for any person or step-parent concerned with the care, welfare or development of a child to be able to commence or join proceedings concerning the child they have a concern about. Some of the factors that may be taken into consideration include the form of Orders being sought by you, the stepparent, and the history of your relationship with the child.

Will My Stepchild Inherit My Assets? 

If you want to provide for your stepchild after your passing, you must name them in your will. If you have not adopted your stepchild and you die without a will, your stepchild will not be entitled to any of your assets. 

However, if you adopt your stepchild and die without a will, your stepchild has the same entitlements to your property as any of your biological children.

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Truth be told, this article only covers a mere fraction of everything a step-parent needs to know about their legal rights and responsibilities. As you can see, this is a topic that is incredibly complex and made up of a vast number of different layers based on individual circumstances. 

If you have any questions or concerns as a step-parent, it is vital that you get in touch with one of our expert family lawyers who will be able to provide you with legal advice that is specifically tailored to your situation. 

Today, we look at the do’s and don’ts of mediation, in a bid to help you better prepare yourself for the most successful outcome possible. Read on to find out more.

The Do’s & Don’ts of Mediation

Do: Show Up For Your Appointment

Mediation can only occur when both parties are present for a meeting or appointment in the presence of one or more impartial, trained and nationally accredited mediator(s). It is vital that both parties are present at the meeting in order to reach a mutual resolution in any event. If logistics are a problem, you can use video-conferencing or teleconferencing, although we believe that they are not as effective as being physically present.

Don’t: Force The Other Party To Attend Mediation 

It is important to remember that mediation is a voluntary process. If the other party does not wish to attend mediation, it is not possible to compel him or her to attend.

Do: Have An Open Mind 

Unfortunately, mediation will not be successful if you are not prepared to compromise. A great tip is to write down what your ideal scenario is walking into mediation, followed by another one or two alternative options. These options may involve compromises you are willing to make in order to reach an agreement with the other party. 

Don’t: Lead With Aggression or Insults

The truth of the matter is that life is not perfect, and you may very well have your own personal problems or issues with the other party you are dealing with. However, it is important that you avoid leading with aggression or insults during your mediation. Avoid hostile, demeaning, or humiliating words during your exchange that may seriously impede reaching a mutually beneficial agreement. 

Do: Come Prepared For Your Meeting 

Mediation involves working through the differences of opinion about a dispute, and various supporting documents can be invaluable in achieving that goal. As such, it is vital that both parties come prepared for the meeting, equipped with any necessary documentation or information that may prove beneficial to the outcome. Additionally, you are encouraged to think about what you want to achieve from the mediation. For example, it might be important to you to:

• Get a financial settlement;
• Come up with a parenting plan;
• Receive and apology; or
• Sort out the dispute so you can move on.

Don’t: Expect Your Mediator To Come Up With Solutions

It is important to remember that the role of a mediator is to manage the process of the mediation and assist both parties to reach an agreement. Mediators do not come up with solutions or offer judgement about the way in which a dispute should be resolved.

Do: Prioritise Open Communication

Clear and effective communication is key in achieving a successful outcome in mediation. It is important that you do your best to think about how you would like to be spoken to and let that guide how you speak to the other party involved. Prior to mediation, come up with ways to handle your emotions if you feel yourself getting frustrated or overwhelmed. Some helpful suggestions include taking a break or addressing how you are feeling to the mediator and the other party in a civil and calm way. 

Don’t: Fail To Consider The Other Party

You know what the key issues are for yourself, but what about the other party? We recommend writing down what you think their key issues or concerns are and why these issues may be important to them. It is important to try and understand what the other party wants so you can see where you may be able to reach an agreement. 

Do: Get Advice From A Family Law Expert

Family law is a complex area of law and is one that requires someone with a wealth of experience. As such, it is important that you get the advice of a qualified lawyer as early as possible, even before you plan on attending mediation. Contacting us as soon as possible will ensure that property settlement issues and asset division during separation is dealt with proactively.

Don’t: Refuse To Respond To An Offer Or Demand

The mediation process is highly dependent on give-and-take. Even if you feel that an offer or demand is unfair, it is important that you offer a response even if that is in the form of a nominal compromise. A refusal to negotiate at all may end the process prematurely. 

Do: Be Patient

Patience is absolutely vital during mediation. Parties in a dispute often believe they are right and as such may have unrealistic expectations. It is important for parties in mediation to allow time for changes to occur. Of all the rules for successful mediation, this is one of the most important. 

Don’t: Try To Rush Mediation 

In some cases, there is absolutely no way a case may be settled within the time constraints of a single mediation session. It is all too common that, out of frustration, the parties reject a mediator’s invitation to reconvene for a joint session. Additional meetings are often very helpful in overcoming disagreements or impasses, so be sure to remain patient and open-minded to future mediation sessions. 

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Family law disputes are never easy. Hopefully, by following this mediation do’s and don’ts, you will be able to minimise undue stress, worry, and tensions. 

For more information and tips on the mediation process, do not hesitate to contact one of our expert family lawyers today. 

Understanding Co-Parenting 

Before we dive into our 6 expert tips, it is important that we define the exact meaning of co-parenting. A quick look in the dictionary will provide a succinct definition – sharing the duties of bringing up a child of parents who are separated or not in a relationship. However, co-parenting is so much more than just a definition. Co-parenting can be challenging even in the best of times, and agreeing with your ex-partner on how you will raise your child may even be frustrating at certain points. 

The key to successful co-parenting is to separate the personal relationship with your ex from your co-parenting relationship. Your co-parenting relationship should be one that solely focuses on the well-being of your children. Whatever your situation, you and your former partner need to make clear decisions on how you’ll parent your child now and in the future. Co-parenting encompasses decisions about (but are not limited to):

• Living arrangements;
• Finances;
• Education;
• A child’s medical needs;
• Holidays and special events; and
• Decision making guidelines.

Top Tips For Successful Co-Parenting 

• Create A Co-Parenting Plan

Coming up with a co-parenting plan can be the most useful way to set out the details of your new relationship. In order to come up with a plan that is mutually agreed upon, you and your former partner need to discuss your rights and responsibilities with regard to your child, along with figuring out ways to work out any disputes that may arise.. A co-parenting plan should address: a contact or visitation schedule, finances, a child’s medical needs, holidays/special events and other key decision making guidelines in the best interest of your child.

Your co-parenting plan should include back-up arrangements in case of emergencies or changes in plan. In most cases, ex-partners are able to come up with a mutually beneficial co-parenting plan on their own. However, if you are having issues sorting out a co-parenting plan, you can get help from a family lawyer, mediator or relationship counsellor.

• Put Your Differences Aside

Regardless of age, navigating a co-parenting plan with utmost maturity can be a challenge, especially if the relationship with your ex is frayed. The most helpful tip we can offer you is to put your differences aside, for the sake of your children. Separation and divorce can be incredibly difficult on children and the last thing you want is to pull your children into your personal drama. 

Setting aside your differences to create a harmonious transition for your kids will show them that they are your first priority, and it will make them feel supported as they navigate life after the split.

• Embrace Flexibility

The truth is that things may not always go 100% according to your schedule or parenting plan. This is where a little flexibility can really go a long way. For example, if your former partner is occasionally late for pick-ups, it might help to be ready with alternative plans. Always keep in mind that getting upset about a change in your parenting schedule does more harm than good, and embracing your new co-parenting lifestyle with an open mind is always the best step forward. 

• Utilise Co-Parenting Tools 

In the age of digital, it is no surprise that there are a variety of different websites, tools and applications available to help divorced parents navigate their co-parenting duties. Tools such as scheduling assistance, conflict resolution apps and budget trackers can really help parents stay organised and on top of their responsibilities. Co-parenting apps are also fantastic in helping families manage appointments, events, holidays, and offer quick and easy communication between ex-partners without having to deal with contentious conversations. 

• Maintain A United Front 

Your ex may be the last person on earth that you want to see, but keeping animosity and ill-feelings out of your child’s sight is key. Avoid speaking negatively about your co-parent in front of your child and never make them feel like they have to choose sides. If you feel like you have a lot on your mind or are in need of venting your frustrations, we highly recommend speaking to friends, family members or a therapist about the challenges you are facing. If you feel angry or resentful, try to remember why you need to act with purpose and grace: your child’s best interests are at stake. 

• Listen To Your Child

For a child whose parents have recently divorced or separated, getting used to moving between living with one parent and the other separately isn’t easy. As such, listening to your child’s concerns is a vital part of navigating a successful co-parenting journey. Remember to create time and space to give your child your full attention and to just listen. Never interrupt or ask too many questions, and don’t try to solve or minimise their concerns. 

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Fostering a co-parenting relationship that prioritises your child’s best interests is by far the most successful outcome post separation or divorce. When co-parenting gets tough, the dedicated and compassionate team at Oxford Partners is here to help. To schedule a consultation, simply call us at (03) 9670 7577 or send us an email at admin@oxfordpartners.com.au

Also Read the Articles:

• Guide to Step-Parent Rights and Responsibilities
• How Child Maintenance Amounts Are Decided

Today, we have a look at everything you need to know about applying for divorce in order to make your transition as pain-free as possible. 

Separation Precedes Divorce

Before a couple can apply to the Federal Circuit Court for a divorce, they are required to be separated for a minimum of at least one year. Separation generally means living apart from each other and can be unilaterally initiated by either spouse or mutually decided. For there to be a separation, one party needs to communicate to the other that the relationship is over and they need to act in a way that confirms the intention.

A couple can be separated under one roof as long as an Affidavit is filed to support your contention that you were separated under the one roof. Our experienced team of family lawyers are available to provide more information about living with your partner during separation. 

Applying For A Divorce 

To apply for a divorce, you or your spouse must have been separated for at least 12 months and either:

• be an Australian citizen
• live in Australia and consider Australia as your permanent home, or
• usually reside in Australia and have done so for at least 12 months before the divorce application.

Couples may apply for divorce together (joint application) or on an individual basis (sole application). If you are putting in a sole application and have children under the age of 18 prior to separation, you must go to court unless circumstances stop you from attending. 

What If I Was Married Overseas?

The Family Court has the power to dissolve overseas marriages, provided it has the jurisdiction to hear the Application. The Court’s jurisdiction is enlivened if the applicant:

• is an Australian Citizen by birth, descent or grant;
• a Permanent Resident; or
• considers Australia as their permanent home and intends to live in Australia indefinitely

As long as these requirements are met, you are able to apply for a divorce in Australia. Do note that a copy of your overseas marriage certificate will be required. 

What To Include In Your Application For Divorce

An application for divorce must include the following details:

• Copy of marriage certificate;
• Arrangements in place for any children under the age of 18;
• Details regarding any other agreement or court orders that are already in place;
• Documents to verify citizenship statuses;
• For sole applications, a supporting affidavit together with an affidavit by a supporting witness is additionally required.

There are fees for applying for a divorce, which you will be responsible for. Information about current fees, including information about fee reductions or exemptions, can be found here. 

Serving A Divorce

If you apply solely, you will need to arrange to serve a copy of the application to your spouse. Do note that you cannot personally serve your former partner, but you are able to do so via mail. The Federal Circuit and Family Court have special rules about the service of documents and forms to prove that the other person was served.

• If your spouse is in Australia, the documents must be served at least 28 days before the court hearing.
• If your spouse is overseas, the documents must be served at least 42 days before the court hearing.

Alternatively, you can serve the documents on your spouse’s lawyer. A signed and dated acknowledgment of service from your spouse’s lawyer is required as proof of service. 

What Happens Next? 

Once you apply, you will be given a hearing date. This hearing will take place before the Registrar, and if approved, your divorce will legally come into effect exactly one month and one day following the court listing. To find out more about what to expect during your divorce hearing, click here.

After your divorce is finalised, you are given a time limit of 12 months to file any applications for property and spousal maintenance proceedings.

The Importance Of Seeking Legal Advice 

If you are going through a separation or divorce, it is vital that you seek guidance and advice early. At Oxford Partners, our dedicated team of family lawyers make the process as pain-free as possible. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible. To book a consultation, call us at (03) 9670 7577 or email us at admin@oxfordpartners.com.au.