Going to Court in Australia for a Family Law Issue
Resolution Before Court
In Australian family law, both parties must make a genuine effort to resolve their dispute before applying to the courts.
Reaching an agreement before you get to court has its advantages, including:
- you decide outcomes for yourself
- it's cheaper and less stressful than a court battle
- communication between the two partners may very well improve as a result
Changes to the Family Law Act 1975 from July 2006 require people to attend family dispute resolution before applying to the courts for orders about children. In financial disputes, the Family Court has similar requirements for dispute resolution before an application can be filed.
The Federal Magistrates Court
The family law and child support jurisdiction of the Federal Magistrates Court includes:
- Applications for parenting and applications relating to matrimonial property
- All applications regarding children whether the parties were married or not.
- All applications for property where the parties are or were married
- Applications for divorce
- Contravention applications
- Applications for injunctions
- Maintenance applications
- Child support applications
- Superannuation
The Family Court Process
The Family Court of Australia was established in 1975 to deal with matters involving divorce, issues relating to children's arrangements after separation, property settlement after marriage, and spousal maintenance (between married couples). The Court also deals with a limited range of matters in relation to child support.
The Court has offices throughout Australia except in Western Australia which has its own Family Court. Family Court offices are known as registries.
For a useful overview of the process you can expect to follow in a Family Court case we recommend you visit the 'Family Court of Australia Pathways section' of the Family Courts of Australia's website.