If you're new to the family law system it can feel overwhelming, especially when emotions are high and the stakes involve your family, children, or your financial future. Whether you're dealing with divorce, parenting arrangements or property settlements, understanding the basics of how the court process works can help you feel more prepared and in control. Here's a simple guide to help you get started.

In Australia, most family law matters are handled under the Family Law Act 1975. The court system is the Federal Circuit and Family Court of Australia:

This court handles the majority of family law cases, including parenting and property matters. It is divided into two divisions:

• Division 1 (Family Law): handles complex matters.
• Division 2 (Family Law and Federal Law): handles the majority of family law applications.

Before filing in court, most people are required to attempt family dispute resolution (FDR), a form of mediation to resolve issues like parenting arrangements or property division. This process aims to reduce conflict and avoid the need for court proceedings.

You’ll need a certificate from an accredited mediator (called a Section 60I certificate) to start parenting proceedings unless the situation involves urgency, family violence, or other exceptions.

If mediation doesn’t lead to an agreement, the next step is filing an application with the court. Common applications include:

• Parenting Orders: for arrangements about who a child lives with, spends time with, or communicates with.
• Property Orders: for dividing assets and liabilities.

You'll need to complete specific forms and submit supporting documents, legal advice is highly recommended here to ensure everything is in order.

After lodging your application, the court will schedule a first hearing. This is often procedural, used to outline the key issues, ensure everyone is complying with requirements, and possibly set future dates.

Further stages may include:

• Interim Hearings: If urgent or temporary arrangements are needed (e.g., who the children live with during proceedings).
• Directions Hearings: Where the court gives instructions about evidence, reports, or mediation.
• Final Hearing (Trial): If matters are not resolved by agreement, the judge will hear evidence and make binding decisions.

You can settle at any time before or during proceedings. If an agreement is reached, you can apply for Consent Orders to make it legally binding without needing a trial.

Once the court makes orders, either by agreement or through a judge’s decision, these are legally enforceable. Not following them may result in penalties. If you disagree with the outcome, in some cases you may be able to appeal, but time limits apply.

The family law system can seem complicated, but you're not alone in navigating it. Taking the time to understand the process, getting the right legal support, and knowing your options can make a difficult time more manageable. Whether through mediation or the courts, the goal is always to reach outcomes that are fair, practical, and in the best interests of everyone involved, especially the children.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.