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Parenting Arrangements after Divorce

Divorce is painful for everyone concerned, especially children. During this challenging period, children need love, support and contact with both parents.

Creating certainty about the future is crucial for children when their parents separate. Parents coming to a mutual agreement about parenting arrangements can help to provide clarity and certainty.

When parents agree

Following separation, parents may agree on a parenting arrangement that works for them and the children. The agreement should focus on providing for the needs of the children and may include financial arrangements.

A parenting arrangement can be agreed orally, in writing or put into a formal court order known as ‘consent orders’ (which requires an application to the court but does not require a court appearance).

When parents don’t agree

If parents can’t agree on parenting arrangements, they can apply to the court for a parenting order. Usually (except in the case of family violence and other specific circumstances), parents are not permitted to apply for a parenting court order until they have first attempted family dispute resolution (mediation).

The court’s primary concern will be to protect the children from psychological or physical harm. The court will address this before deciding about parenting arrangements.

The Australian Government has published a book to help develop parenting plans. This resource can help prepare clear, practical parenting arrangements that are focused on what’s best for the children.

What to consider when creating a parenting agreement?

When making parenting arrangements, parents may consider a range of issues including:

• The capacity of each parent to provide day-to-day care?
• The age of the children?
• The arrangements for the children before and after school and during  school holidays?
• Will the children spend their time with other significant people in their lives, like grandparents or other relatives?
• The children’s educational needs?
• Any cultural considerations?
• The special needs of the children, including educational and medical?
• The children’s wishes, having regard to their age and stage of development?
• Other practical considerations such as transport and accommodation expenses?

While a routine may be best for your children overall, flexibility is likely to be an essential ingredient of a parenting agreement.

Relocating with children

If you are thinking of relocating with your children at a distance that would dramatically affect the time they spend with the other parent, you will need to come to an agreement with the other parent. If agreement is not reached, an application to the family law courts seeking permission to relocate the children will be required.

The proposed relocation destination may involve moving intrastate, interstate or overseas. Consider how the relocation will affect the children’s relationship with the other parent and ask yourself the question ‘Would the move be in the children’s best interests?’ – the court will ask the same question.

What’s next?

Consider what is best for your children’s short-term and long-term wellbeing.

Work out what concerns need to be addressed in your parenting arrangement.

Decide whether you want the parenting agreement to be an informal oral or written agreement, a parenting plan signed and dated by both parents or a court order obtained by consent or by order of the court (judge made order).

Contact an accredited family law specialist or family dispute resolution practitioner to obtain the advice that you need to resolve your post-separation parenting issues. Our specialist solicitors and family dispute attorneys are able to help you with your parental rights.

Vanessa Mathews Interview with the Herald Sun: Ashley Madison and the Impact on Divorce in Australia

Family Law Perspective on the Ashley Madison Scandal

In 2015, Accredited Family Law Specialist Vanessa Mathews was interviewed by the Herald Sun regarding the Ashley Madison data breach and whether the scandal would lead to an increase in divorce and family law matters.

The Ashley Madison incident attracted significant public attention after confidential user information from the relationship website was exposed, raising questions about the potential impact on marriages and families.

Vanessa was asked whether she believed the exposure would result in a “surge” in divorces and provided her perspective as an experienced Melbourne family lawyer on the likely impact on relationships and separation proceedings.

The Impact of Relationship Breakdown on Families

While issues such as infidelity may contribute to the breakdown of a relationship, Australian family law operates on a no-fault divorce basis. This means that the Court does not determine whether one party was responsible for the breakdown of the marriage when deciding whether a divorce should be granted.

However, the discovery of an affair or breach of trust can have a significant emotional impact on families and may influence the way couples approach:

• Separation negotiations
• Parenting discussions
• Communication between former partners
• Mediation and dispute resolution
• The overall process of moving forward after separation

Vanessa Mathews – Family Law Commentary

As Principal and Accredited Family Law Specialist at Mathews Family Law & Mediation Specialists, Vanessa Mathews regularly provides commentary on family law issues affecting Australian families.

Her experience includes advising clients on:

• Divorce and separation
• Parenting arrangements
• Property settlements
• Mediation and dispute resolution
• Financial agreements
• Complex family law matters

Vanessa’s approach is focused on providing practical legal advice while recognising the emotional challenges that often accompany family breakdown.

Read the Herald Sun Interview

Click on the link to read the article
http://www.couriermail.com.au/news/ashley-madison-hack-reveals-more-than-213000-melburnians/story-fnu4vh3q-1227492328816

Need Advice About Separation or Divorce?

If your relationship has broken down and you need advice about your legal rights and options, Mathews Family Law & Mediation Specialists can help.

Our Accredited Family Law Specialists provide clear, practical advice to help you navigate separation, divorce, parenting arrangements and property settlement.

Contact us today to arrange your complimentary 15-minute telephone consultation.

How Does the Court Decide Parenting Arrangements in Australia?

Australian family law encourages parents to try to reach agreement about parenting arrangements without the need for Court proceedings.

Many separated parents are able to develop their own parenting arrangements through discussion, negotiation, Family Dispute Resolution (FDR) or mediation.

However, some parents are unable to reach agreement. When this occurs, the Federal Circuit and Family Court of Australia may be asked to determine the arrangements that should apply for the children.

Parenting Plans and Parenting Orders

Parents have several options when making parenting arrangements.

Parenting Plans

A parenting plan is a written agreement between parents that sets out arrangements for their children.

A parenting plan may cover issues such as:

• where children live;
• the time children spend with each parent;
• communication arrangements;
• holidays and special occasions; and
• parental responsibilities.

A parenting plan is not legally enforceable in the same way as a Court order.

Parenting Orders

Parents who agree on arrangements may apply to the Court for consent parenting orders.

Where parents cannot agree, the Court may make parenting orders after considering the evidence and circumstances of the family.

Parenting orders may determine matters including:

• who a child lives with;
• the time a child spends with each parent or other significant people;
• how parents make decisions about important issues affecting the child; and
• communication arrangements.

The Best Interests of the Child

When making parenting decisions, the Court’s primary consideration is the best interests of the child.

The Court considers the individual circumstances of each family and will take into account factors such as:

• the benefit of children having a meaningful relationship with important people in their lives;
• the need to protect children from physical or psychological harm, including harm arising from family violence, abuse or neglect;
• the child’s views, having regard to their age and maturity;
• the nature of the child’s relationship with each parent and other significant people;
• each parent’s involvement and role in caring for the child;
• each parent’s ability to meet the child’s needs; and
• any other relevant circumstances.

Family Law Parenting Disputes Require a Child-Focused Approach

Parenting disputes can be some of the most emotionally challenging family law matters.

While parents may have strong views about what arrangements should apply, the focus must remain on what best supports the child’s wellbeing, stability and development.

Resolving parenting disputes through negotiation, mediation or Family Dispute Resolution can often help families avoid the stress, delay and uncertainty associated with Court proceedings.

Parenting Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents with parenting arrangements, parenting disputes, Family Dispute Resolution, mediation and Court proceedings where required.

We help clients understand their legal options and work towards practical, child-focused solutions wherever possible.

Contact our team to discuss your parenting matter and obtain advice tailored to your circumstances.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Child Custody and Parenting Arrangements – The Basics

Understanding Parenting Arrangements After Separation

Many people searching for advice about “child custody” are really seeking information about parenting arrangements after separation or divorce.

Under Australian family law, the legal terms are parenting arrangements, parenting orders and parental responsibility. The focus is not on one parent having “custody” of a child, but on creating arrangements that promote the child’s safety, wellbeing and best interests.

At Mathews Family Law & Mediation Specialists, we understand that disputes about children are often the most emotionally difficult part of separation. Our Accredited Family Law Specialists provide practical advice to help parents resolve parenting matters in a way that prioritises their children’s needs.

Do Parents Have to Go to Court?

No.

Australian family law encourages parents to resolve parenting issues without Court proceedings wherever possible.

Many parents are able to reach agreement through:

• Negotiation between parents
• Lawyer-assisted negotiation
• Family Dispute Resolution (FDR)
• Mediation
• Collaborative law
• Parenting plans
• Consent Orders

Resolving matters outside Court can often reduce conflict, cost and stress for both parents and children.

Family Dispute Resolution Before Going to Court

Before applying to the Federal Circuit and Family Court of Australia for parenting orders, parents are generally required to make a genuine attempt to resolve their dispute through Family Dispute Resolution (FDR).

If an agreement cannot be reached, the FDR practitioner will usually issue a Section 60I Certificate, which is required when commencing parenting proceedings.

There are exceptions where a certificate may not be required, including circumstances involving:

• Family violence
• Child abuse or risk of abuse
• Urgent matters
• Other circumstances recognised under the Family Law Act

Parenting Orders

If parents cannot reach agreement, either parent may apply to the Court for parenting orders.

A parenting order can deal with issues including:

• Where a child lives
• The time a child spends with each parent
• Communication arrangements
• School holiday arrangements
• Special occasions
• Travel arrangements
• Decision-making responsibilities for major long-term issues

Parenting orders are legally enforceable. Failing to comply with a parenting order without a reasonable excuse may have serious consequences.

Parenting Plans

Parents who reach an agreement can also record their arrangements in a parenting plan.

A parenting plan is a written agreement between parents that may cover similar issues to a parenting order, including:

• Living arrangements
• Time spent with each parent
• Communication
• Education
• Health decisions
• Holidays and special occasions

However, unlike parenting orders, a parenting plan is not legally enforceable.

For parents seeking certainty and enforceability, formalising arrangements through Consent Orders may be more appropriate.

How Does the Court Decide Parenting Matters?

If a parenting dispute proceeds to Court, the Court’s primary consideration is always:

The Best Interests of the Child

The Court considers factors including:

• The child’s safety
• The child’s developmental, psychological and emotional needs
• Each parent’s capacity to provide for the child’s needs
• The benefit of children having relationships with significant people in their lives where safe and appropriate
• Any other relevant circumstances affecting the child’s welfare

Every family is different. There is no automatic preference for mothers or fathers, and there is no “one size fits all” parenting arrangement.

Experienced Parenting Lawyers Melbourne

Parenting disputes require careful legal advice and a child-focused approach.

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents with:

• Parenting arrangements after separation
• Child custody disputes
• Parenting negotiations
• Family Dispute Resolution
• Parenting plans
• Consent Orders
• Parenting proceedings in the Federal Circuit and Family Court of Australia

We understand that decisions about children are deeply personal. Our role is to provide clear advice, protect your interests and help you work towards arrangements that support your child’s best interests.

Contact Our Parenting Lawyers Today

If you are experiencing a parenting dispute or need advice about child custody, parenting arrangements or parental responsibility, our experienced family lawyers can help.

Contact Mathews Family Law & Mediation Specialists today to arrange your complimentary telephone consultation.

Call 1300 635 529 or contact us online to speak with an Accredited Family Law Specialist about your parenting matter.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Parenting Plans

A Parenting Plan must deal with one or more of the following matters:

• the person or persons with whom the child is to live,
• the time that the child is to spend with another person or other persons,
• the allocation of parental responsibilities for a child,
• how parents consult about decisions to be made,
• communication the child is to have with others,
• maintenance of a child,
• how to resolve disputes about the plan,
• how to change the plan to for changing needs of the child parents and
• any aspect of the care, welfare or development of the child or any other aspects of parental responsibility for a child.

A Parenting Order may be varied by a later Parenting Plan, but Parenting Plans cannot be enforced as an Order. When an application is made to a Court for Orders in relation to a child, the most recent Parenting Plan will be considered, if it is in the child’s best interest.

A parenting plan will be unworkable where:

• both Consent Orders and the plan deal with the same subject matter.
• the plan is vague and uncertain,
• the plan is silent on important issues or
• the plan deals with issues that cannot be part of a parenting plan such as Child Support or spouse maintenance.

Why Every Family Should have One

Divorcing parents are often so busy with their own anger or arguing over who gets what to remember their most important shared property their children.   By law, parents have a shared responsibility, which means that both parents must take care of their children’s financial, emotional and physical needs.  Family law in Australia encourages parents to work together on these issues and encourages families to create a “parenting plan” before divorce or the termination of a de facto relationship.

The purpose of a parenting plan is to detail the responsibilities and rights of each parent in order to do what’s best for the children.  A good parenting plan includes a day-to-day schedule for the children,  a break-down of time that each parent is to spend with the child for every day of the year, including all civil, religious and school holidays, payments for all of the various expenses, including medical, dental and after school activities, and how the parents will settle future disagreements. The court cannot grant a divorce order until it is satisfied that proper parenting arrangements are in place.  If parents are unable to create a parenting plan on their own, the court will do it for them.

The best parenting plan is one made by the parents themselves. Some parents are able to do this on their own, or with the help of a mediator or another trained professional in other methods of Family Dispute Resolution.

While a parenting plan is an agreement between the parents and cannot be enforced by the courts, there are legal remedies if a parent does not follow the plan.  The other parent may turn to the court and the court may make new orders based on the original parenting plan.

Below are five reasons to make a parent plan.

Everybody knows where they stand

A good parenting plan will include everything from which nights the children sleep at Dad’s house to what religion they will be brought up in to how the parents will settle disagreements between themselves. This limits places for disagreement and fighting between parents and gives them the tools to resolve disputes when they arise.  There’s no disagreement about where the kids will go for Christmas because it’s written in the plan.

More importantly, the children have stability. No matter what the arrangement, divorce or separation is hard on the children.  But having a regular routine, knowing that both parents agree on a particular decision and maintaining a loving relationship with both parents will make the transition and the coming years  easier.

Building Trust

Most likely, there is a lot of mistrust with the termination of the relationship.  Oddly, a parenting plan can help parents rebuild their faith in one another.   Creating the plan may also allow parents to hear from their children what they need and want.   Children, who may feel insecure in the new family setup, may be able to find a way to overcome emotional insecurity and learn to trust the family relationships again.

Starting Fresh

Laying out the plan ahead of time is not just good for the kids. it’s good for the parents too.  Following divorce or the end of a de facto relationship, parents have their own issues to cope with – living on one income, taking care of a home, and perhaps, even starting a new relationship.   Each parent needs to find time for him or herself to begin fresh but still be a responsible, caring parent.  A parenting plan that lays out the when and where, and leaves less room for surprises creates stability and structure for the parents as well as the children.

Financial Planning for Present and Future

A good parenting plan will detail who covers which expenses.   In addition to the basics like food and clothing, there are many “extras” that also need to be considered, including special medical and dental expenses, after-school activities and summer camp.  As children get older, parents need to think about driving lessons, university fees, and even weddings.  A good plan will take the future  and not just the current month or year  into consideration.  The current parenting plan doesn’t need to have all of these expenses included already, but it should provide a way for the parents to work out the division of these costs as they arise.  For example, parents may agree on percentages of incomes to be paid to a university fund for each child.    This prevents arguments between the “ex’s” and allows both sides to properly plan for the future.

A method for working it out

No plan is foolproof, and one of the most important parts of a good parenting plan is the mechanism for settling disputes.  For divorcing couples, this might even be the first time there is a plan for such inevitabilities in place.  Each family must figure out what works best for them.   Some may settle disputes by meeting over coffee in a neutral place.  Others may feel an outside mediator is necessary.   In many cases, just knowing a system for resolving problems exists helps families work through any difficulties that arise.

And one last note…..

Despite the plan, parents should remember that parenting doesn’t always follow a plan, despite the good intentions of both parents.   It’s inevitable that one parent will suddenly have an amazing work or vacation opportunity and ask the other parent to fill in, or a child will want both parents to be involved in a special project.   Parents need to remember that the children are at the center of any good plan.  They are not machines, they can’t always follow the adult rules parents make for them and they have their own needs and wants.   Parents need to remain open-minded, flexible and fair, even if every detail is not written into the plan.

Family Relationship Advice Line: A Helpful Resource During Separation

Seeking information and support during separation can be challenging, particularly when emotions are high and there are many decisions to consider.

The good news is that Australians experiencing family relationship difficulties or separation can access free information and support through the Family Relationship Advice Line.

While the Advice Line does not provide legal advice, it is a valuable resource for general information about family separation, parenting arrangements and support services.

The Family Relationship Advice Line can provide information about:

• services to assist with maintaining relationships;
• the family law system and separation process;
• developing workable parenting arrangements after separation;
• the impact of family conflict on children;
• Family Relationship Centres and other dispute resolution services; and
• other services that may assist families experiencing relationship breakdown.

One benefit of contacting the Advice Line is that enquiries can remain anonymous. You can ask general questions and obtain information without needing to provide personal details.

The Family Relationship Advice Line can be contacted on 1800 050 321.

It is available:

• Monday to Friday: 8.00 am to 8.00 pm
• Saturday: 10.00 am to 4.00 pm

While the Advice Line is not a substitute for legal advice, it can be an excellent first step for people seeking information about separation, parenting issues and available support services.

If you require advice about your specific circumstances, including parenting arrangements, property settlement, financial matters or your legal rights following separation, it is important to obtain advice tailored to your situation.

Mathews Family Law & Mediation Specialists assists clients throughout Australia with separation, divorce, parenting disputes, property settlements and family law mediation.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Child Custody – The Details

By its very nature, separation and divorce is difficult, emotionally draining, and have a major impact on your life. However, if you have children, this emotional toll is only amplified. Your children may experience a lot of pain as you and your spouse or partner separate and they adjust to a new lifestyle of splitting their time with you and sleeping in two different homes. Because divorce is so hard for children to cope with, the Australian legislature has placed an emphasis on shared parenting and ensuring that both parents continue to play an active role in the lives of their children after separation.

2006 Changes

The largest contributor to this concept of shared parental responsibility came in 2006 in the form of an amendment to the Family Law Act 1975. When passed, this amendment brought about the most significant change to family law in more than thirty years. The main objective of the amendment was to both support and promote the practice of shared parenting and urge parents to reach an agreement with regard to parenting arrangements on their own, without the interference of the courts.

An explanatory memorandum that accompanied the amendment further expressed that the changes were intended to “represent a generational change in family law and aim to bring about a cultural shift in how family separation is managed: away from litigation and towards co-operative parenting.” Through this amendment, Australia took a significant step towards making divorce easier on children.

Not only did the amendment express a desire for parents to reach an agreement on their own, but it also stressed the importance of both parents continuing to take an active role in the parenting of the child. The amendment expresses a desire for parents to jointly share duties and responsibilities, and also for children to be cared for and spend time with both parents.

While this article is designed to give you an in-depth look at how parenting arrangements work, through litigation or otherwise, bear in mind that often the most ideal way to settle a difference is to reach an agreement without involving the court. Children benefit from having both parents involved in their lives, so the best thing you can do for your child is to reach an agreement where each parent has meaningful involvement, and refrain from having your parenting issues heard in court.

Shared Parental Responsibility

The term “parental responsibility” is defined in the Family Law Act as: “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” This has been understood to mean that parental responsibility encompasses living arrangements, medical treatment, education, religious upbringing, protection from harm, and the responsibility to keep the child safe among other things.

You may be wondering, what exactly did the legislature mean when it expressed a preference for shared parental responsibility? Does that mean the child should spend equal time with each parent? Should each parent spend equal money on the child? Should each be allowed to make decisions about the child’s religion, schooling, and extra-curricular activities? Generally speaking, the answer is yes.

Australia’s preference for shared parental responsibility means that both parents should have involvement in the child’s life, make decisions with regard to the child’s upbringing, and contribute to the general welfare and needs of the child. The courts will not allocate or assign responsibilities unless disputes arise that the parents are unable to resolve. Furthermore, should a court order be silent with regard to parental responsibility, both parents are to retain the responsibility.

As you can see, Australia has a strong preference for parents to share in the upbringing of the child, despite separation or divorce, and the courts are reluctant to make decisions regarding specific parental responsibilities. The Amendment discussed above in fact created a rebuttable presumption that it is in the best interest of the child to have both parents share equally in their responsibility, care, and upbringing.

It should not come as a surprise that very rarely do the courts take action to limit the parental responsibility of a parent, it takes extreme circumstances affecting the welfare of the child for the court to intervene and do such. Specifically, the rebuttable presumption discussed above is only abandoned where there is a threat of abuse, violence, or if allowing the parent to have control over the child is contrary to the child’s best interests.

Equal Time

Sometimes the concept of shared parental responsibility can be difficult when it comes to how much time the child spends with each parent. Equal time is often harder to organize than equal responsibility with regard to general decision-making, education, and religion. Allowing each parent to have equal time can raise logistical issues, which the court has addressed.

While there is a rebuttable presumption that equal shared parental responsibility is in the best interest of the child, there is no presumption with regard to the amount of time each parent has with the child. Before the court will issue an order allowing for equal time to be shared by the parents, it must first determine that such an arrangement is in the child’s best interest and reasonably practical.

There are advantages and disadvantages to allowing your child to spend equal time with you and your former spouse or partner. Each child is different and will respond differently to a divorce, and should you need a court order determining custody, the court will consider both the child’s interests as well as whether splitting time equally is reasonably practical. When determining whether equal time is reasonably practical the court will consider the following factors:

• how far apart the parents live to form each other
• the parent’s current and future capacity to implement an arrangement for the child to spend equal time, or substantial and significant time, with each of the parents
• the parent’s current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind
• the impact that an arrangement of that kind would have on the child
• such other matters as the court consider relevant

As you may have guessed, courts rarely grant parenting orders allowing for equal time. While the best interest of the child is paramount to the court’s decision, it also considers the practicability of the order, and more often than not equal time is not found to be reasonably practicable.

Day-to-Day Decisions

Generally speaking, the parent who has the child in their care is responsible for the day-to-day decisions – like what the child eats, wears, when the child goes to bed, and what activities the child does. These day-to-day decisions can be made unilaterally, without consulting the other parent. However, the big decisions, otherwise known as “major long-term issues” are to be decided by both parents. The Family Law Act has enumerated certain issues that fall into the major long-term category, they include but are not limited to: education, religion/cultural upbringing, health, name, and living arrangements.

What happens first?

We have discussed how Australia’s preference for shared parental responsibility and for settling matters without litigation, so you may be wondering how the process works, and what happens first? This article will discuss the non-litigious ways to reach an agreement before discussing how parenting litigation works.

Step one to reaching a parenting agreement is to participate in something called family dispute resolution (otherwise known as alternative dispute resolution). All courts require compliance with primary dispute resolution, and you must obtain a certificate from a family dispute resolution practitioner prior to filing for a parenting order. The purpose of required family dispute resolution is to encourage early and full disclosure of relevant information, and allow parties to engage in a process that not only avoids legal action but also minimizes cost.

While participating in family dispute resolution, the focus of the parties is to be upon the best interest of the child, and parties should be open to negotiation, arbitration, and counseling.

Unless you can show good reason for not having followed the family dispute resolution requirement, non-compliance can result in serious cost consequences. There are only several exceptions to this requirement that excuse you from having to file a certificate from a family dispute resolution practitioner. The major exception is where the court finds that there has been or is a risk of abuse or family violence of the child. While there are several other exceptions, keep in mind that should you fail to comply with this requirement, it could cost you.

Family Relationship Centers and Family Advice Line

As part of the push to get families to reach agreements with regard to parenting issues without resorting to litigation, the government introduced both Family Relationship Centers and a Family Relationship Advice Line. Both programs are government sanctioned and designed to encourage parties to resolve disputes and enter into parenting plans.

The purpose of the Family Relationship Centers (FRCs) is to allow parents to reach workable arrangements for their children with the help of FRC staff. The staff members are not only trained in how to give advice concerning disputes but also are trained in identifying issues of family violence and abuse. Furthermore, while the staff does not administer legal advice, it has the ability to place parties in communication with Legal Aid and private practitioners to obtain the legal advice they need.

The Family Advice Line is available from 8 am to 8 pm Monday through Friday, 10 am to 4 pm on Saturdays and can be reached at 1800 050 321. Not only is this service available to the parents, but also is available for grandparents, stepparents, children and friends.

The purpose of the Family Advice Line is to provide information about the family law system, separation, how to maintain relationships, and the impact of conflict on children among other things. This service is free, and may remain anonymous should you choose to keep your identity unknown.

Other Methods of Dispute Resolution

Mediation is another type of dispute resolution that doesn’t involve the courts. The benefits to choosing mediation are that it can be less expensive than litigation, your case can be heard sooner than it could in Family Court, and the parties have greater control over the process.

Collaborative law is another option for dispute resolution and allows for parties and lawyers to meet in four-way meetings. This allows the parties to stay directly involved in the communication and negotiations. A major distinction with collaborative law is that the parties and lawyers agree in advance not to go to court.

Parenting Orders

After you have attended mandatory family dispute resolution and come to an agreement, you may apply to the court for a parenting order. Any person concerned with the child’s welfare may submit an application for a parenting order however in most cases, it is a parent, the child, or a grandparent who is seeking such an order.

With regard to parenting orders, the emphasis is on the best interest of the child. The court considers this to be the “paramount principle.” The primary considerations viewed by the court are allowing the child to have a meaningful relationship with both parents and also to protect the child from violence, abuse, and/or neglect. The court will also give consideration to a myriad of other factors, including the events that have occurred since separation.

After considering all relevant factors, the court can issue a parenting order that discusses parental responsibility, with whom the child will live, how much time the child spends with each parent, and how much communication the child has with each parent.

If you would like to modify a parenting order after it has been issued, you should first seek the assistance of a lawyer. Only if you are still unable to reach an agreement should you apply to the court for further help. At this point, the court can order both parents to attend a parenting program, or it can consider varying the order.

Non-Compliance and Parenting Orders

You should avoid breaching a parenting order at all costs; the court takes breaches of its orders very seriously and you could even potentially face goal time upon breach.

Australia has adopted a three-stage approach designed to both educate parents as well as impose sanctions when noncompliance occurs. Stage one addresses educating the parents about the nature and effect of parenting orders. Stage two is invoked upon the first breach of a parenting order, and requires the breaching party to attend an approved parenting course. When there are subsequent breaches, stage three permits the court to impose serious sanctions such as fines or imprisonment.

Parenting Plan

A parenting plan is a written document discussing any agreements reached between parties with regard to matters affecting their children. They differ from parenting orders in that they do not require the court’s involvement; they are simply informal agreements reached by the parties.

A parenting plan should detail the responsibilities and rights of both parents and its aim should be to create an arrangement in the best interest of the child. A parenting plan should include a breakdown of time that each parent is to spend with the child, discuss where the child will spend holidays, payments for the child’s expenses, and any other aspect of the care, welfare or development of the child.

The court will refuse to grant a divorce order unless it is satisfied that proper parenting arrangements are in place, and if the parties are unable to provide a plan the court will do it for them.

While it is permissible (and usually recommended) that parents agree to a parenting plan on their own, should this not be an option in your situation then you can resort to the other methods of dispute resolution we have discussed.

It is possible to have both a valid parenting plan and a valid parenting order. Typically, this situation arises when the order discusses significant topics (such as where the child will live) while the parenting plan manages the more intricate issues (for instance, how the child should be disciplined).

A major distinction between a parenting plan and a parenting order is that a parenting plan is not enforceable; it cannot be registered by the court and parties in breach of a parenting plan are not subject to the same sanctions as parties breaching a parenting order. For further discussion addressing the differences between a parenting plan and a parenting order, please see our FAQ that tackles this issue.

Independent Children’s Lawyer

In some cases, it is necessary to appoint an independent child’s lawyer (ICL) to represent the child’s interest. Parties can request this, or the court may appoint an ICL on its own initiative. In determining whether this appointment is necessary the court will consider a myriad of factors, including but not limited to: allegations of child abuse, a conflict between parties, issues of cultural or religious differences, sexual preferences of the parties, mental illness, and the proposed separation of siblings.

The role of the ICL is not to be the child’s legal representative, but rather to act as an “honest broker” throughout the legal proceedings. An ICL is charged with the task of forming an independent view of the evidence and acting in the best interest of the child. The presence of an ICL should minimize the trauma to the child and facilitate an agreed resolution of matters in the best interest of the child.

Any information that a child shares with an ICL is deemed to be confidential unless the ICL considers disclosure to be in the best interest of the child.

What the Child Wants 

Undoubtedly a child will form an opinion about where they want to live and whom they want to live with throughout your separation and divorce. A frequent question that arises is whether the child’s wishes are considered when determining custody arrangements.

A child is not required to disclose their wishes, however the court is required to consider their views should they choose to express them. The court will balance the child’s view with their age and degree of maturity before determining how much credibility to give the child.

Court Proceedings

It is clear that the preference in Australia is for parties to reach agreements with regard to parenting and custody issues without involving the court. However, this is not ideal in every situation. Some separations and divorces are particularly contentious, some involve issues of violence, and other times the parties simply can’t reach an agreement using dispute resolution. Should that happen, there are certain rules in place to protect children if their parents end up litigating child-related issues

The court takes on several principle roles when it comes to child-related proceedings. First, during the proceedings, the court is to consider both the needs of the child and the impact that the proceedings may have on the child. Essentially, the court’s role is to minimize any trauma experienced by the child throughout the proceedings. The court is charged with actively directing, controlling and managing the conduct of the proceedings. Additionally, the court is to conduct proceedings in a manner that will protect the child from violence or abuse, promote cooperative child-focused parenting, and reduce delays, formality, and legal technicality.

Additionally, there are certain logistical things the court can do to help protect the child. For instance, the court is required to address as many irrelevant issues as possible on one occasion, which shortens the overall proceedings and lessens the impact on the child. Also, the court may schedule hearing dates close to each other so that the child will not be impacted by lengthy times between hearing dates. The court can also limit the number of witnesses used, and the technology used, and again, encourage the parties to use dispute resolution services.

Another question that often arises when parties must litigate matters concerns the evidence that may be shown. The most common types of evidence are as follows:

• application and affidavit of the parties
• expert affidavit
• oral evidence (testimony)
• testimony/reports from an independent children’s lawyer
• family consultant’s report

While litigation is certainly an option for parties dealing with custody issues, it is clear that the preference is for parents to reach an amicable agreement by way of a parenting agreement or a parenting order achieved through dispute resolution.

The Importance of Finalising Your Property Settlement & the Dangers of Delay

How Can I Formalise My Property Settlement?

There are two primary ways to formalise a property settlement in Australia:

1. Consent Orders
2. Binding Financial Agreements (BFAs)

The most appropriate option depends on your individual circumstances and legal objectives. Our Accredited Family Law Specialists can advise which approach is best suited to your situation.

Consent Orders

If you and your former partner have reached an agreement, you can jointly apply to the Federal Circuit and Family Court of Australia for Consent Orders.

Consent Orders:

• Record the terms of your agreement
• Are reviewed by the Court
• Become legally binding once approved
• Have the same legal effect as orders made by a Judge after a hearing

Before making Consent Orders, the Court must be satisfied that the proposed settlement is just and equitable.

Although it is possible to prepare the documents yourself, they are technical legal documents. Obtaining advice from an Accredited Family Law Specialist helps ensure your agreement accurately reflects your intentions and avoids costly mistakes.

Binding Financial Agreements (BFAs)

A Binding Financial Agreement (BFA) is a private legal agreement between parties that can deal with financial matters before, during or after a relationship.

A BFA may cover:

• Division of property
• Financial resources
• Superannuation (where applicable)
• Spousal maintenance, including permanently resolving future maintenance claims where appropriate

Unlike Consent Orders, a BFA is not approved by the Court. Instead, strict legal requirements must be satisfied before it becomes legally binding.

Importantly, each party must receive independent legal advice before signing the agreement. Failure to comply with these legal requirements may result in the agreement being challenged or set aside.

Consent Orders or a Binding Financial Agreement?

Both options provide legal certainty, but they serve different purposes.

Consent Orders may be appropriate where:

• Both parties have reached agreement.
• Court approval is desirable.
• The proposed settlement is just and equitable.

Binding Financial Agreements may be appropriate where:

• Greater flexibility is required.
• Parties wish to keep their financial arrangements private.
• Spousal maintenance rights are intended to be permanently resolved.
• The agreement is made before, during or after a relationship.

Our Accredited Family Law Specialists can advise which option best meets your circumstances.

Important Time Limits

Many people mistakenly believe they must wait until they are divorced before dealing with property settlement.

This is not the case.

Property settlement and divorce are separate legal processes, and financial matters can often be resolved before a divorce is final.

However, strict time limits apply:

• Married couples generally have 12 months after their divorce becomes final to commence Court proceedings for property settlement.
• De facto couples generally have two years from the date of separation to commence proceedings.

If these time limits expire, you may require the Court’s permission to proceed, which can be difficult, costly and is not automatically granted.

Obtaining legal advice early helps protect your rights.

Speak with an Accredited Family Law Specialist

Whether you have reached an agreement or are still negotiating with your former partner, obtaining specialist legal advice before finalising your property settlement can help protect your future.

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists provide clear, practical advice tailored to your individual circumstances. We can assist with Consent Orders, Binding Financial Agreements, negotiated settlements and Court proceedings where necessary.

Contact us today to arrange your complimentary 15-minute telephone consultation. We’ll explain your options, answer your questions and help you achieve a legally binding property settlement with confidence.

About Vanessa Mathews — Accredited Family Law Specialist

Vanessa Mathews
Principal | Accredited Family Law Specialist | Accredited Family Dispute Resolution Practitioner | Mediator

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa practises exclusively in family law and assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

I’m thinking of separating, what do I need to know?

Separation is never easy, especially when children are involved. There are always lots of issues that need to be addressed. You may need to organize new financial arrangements, possibly arrange new accommodation and transport. Then there is the difficult job of informing friends and family, which can affect your long-standing friendships. When children are involved a great deal of care needs to be taken to ensure their lives and wellbeing get impacted as little as possible.

Even if you are not married, separation can still be complicated and involve legal paperwork. When children, child support, maintenance and property are affected by separation, legal advice and formal documents of agreements reach is likely to be of assistance.

Disputes and Resolutions

Following separation, there may be disagreement about the management of parenting and financial issues. Family Dispute Resolution mediation, supported by your own specialist family law legal advice, soon after separation may be of assistance and help to avoid disagreements becoming entrenched.

Family Violence

Family violence is a major reason for relationship breakdown. If you are experiencing family violence, please contact your local police who can provide immediate assistance and / or family violence support service who can support you to understand your situation and help you to formulate options for moving forward. Legal advice about parenting, child support, maintenance and property settlement issues from a specialist family law solicitor may be of assistance at this time.

Talk with a Mathews Family Law & Mediation Specialist

Just as no two experiences of relationship breakdown will be the same, there is no ‘one size fits all’ approach to the resolution of issues arising from the breakdown of a relationship – what works for one person may not necessarily be the right solution for you.

Mathews Family Law is one of the most experienced family law firms in Melbourne with the knowledge to guide you through the most challenging of experiences.

If you are contemplating separation or divorce, book in an obligation free 15-minute consultation with one of our accredited specialist family lawyers to understand your rights and options.

Contact us today for a free consultation with a family dispute attorney, to discuss family law property, parental rights, child support, and anything else you may need help with.

Are Prenuptial Agreements (Pre-Nups) Binding in Australia?

Many people refer to a Binding Financial Agreement (BFA) as a “prenup” or prenuptial agreement.

In Australia, a prenuptial agreement can be legally binding, but only if it is prepared and entered into in accordance with the requirements of the Family Law Act 1975.

A Binding Financial Agreement is a legal agreement that allows couples to set out how their financial matters will be dealt with if their relationship breaks down.

What Should Couples Discuss Before Entering a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is not only a legal document — it is also an opportunity for couples to have open and practical discussions about their financial expectations and future plans.

Before entering into a Binding Financial Agreement, couples should consider discussing important issues such as:

Employment and Financial Contributions

• Who will work during the relationship?
• Will both partners continue working, or will one partner reduce or leave employment?
• How will income, expenses and financial responsibilities be managed?

Children and Family Responsibilities

• Do you intend to have children?
• Are there children from previous relationships?
• How will caring responsibilities be managed?
• How might future parenting responsibilities affect financial arrangements?

Changes in Circumstances

Relationships can change over time. Couples may wish to consider:

• What happens if one partner is unable to work due to illness, injury or disability?
• What happens if a child has additional needs requiring significant care?
• How might unexpected changes affect financial arrangements?

Future Financial Goals

It may also be helpful to discuss:

• retirement goals;
• ownership of property and other assets;
• financial priorities;
• savings and investment plans; and
• expectations about financial independence.

Why These Conversations Matter

A well-prepared Binding Financial Agreement should reflect the circumstances, intentions and priorities of both parties.

Taking the time to discuss these issues openly can help couples make informed decisions and reduce uncertainty about the future.

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist clients with Binding Financial Agreements before, during and after relationships. We provide practical advice to help ensure agreements are properly prepared and tailored to each client’s circumstances.

What Can a Binding Financial Agreement Cover?

A Binding Financial Agreement may deal with matters including:

• how property and financial resources will be divided following separation;
• responsibility for liabilities and debts;
• ownership of assets;
• financial arrangements during the relationship; and
• spousal maintenance arrangements.

The agreement can be entered into:

• before marriage or a de facto relationship;
• during a relationship; or
• after separation.

What Makes a Binding Financial Agreement Legally Binding?

For a Binding Financial Agreement to be valid and enforceable, certain legal requirements must be satisfied.

These include:

• the agreement must be in writing;
• both parties must sign the agreement;
• each party must receive independent legal advice from a qualified lawyer; and
• the required legal formalities must be followed.

The purpose of obtaining independent legal advice is to ensure each person understands the effect of the agreement and the advantages and disadvantages of entering into it.

Can a Binding Financial Agreement Be Cancelled or Set Aside?

Yes.

A Binding Financial Agreement may be terminated by written agreement between the parties.

In some circumstances, a Court may also set aside a Binding Financial Agreement, including where legal requirements have not been met or where other circumstances justify setting aside the agreement.

Because of the potential financial consequences, it is important that a Binding Financial Agreement is carefully prepared and reviewed by an experienced family lawyer.

Binding Financial Agreement Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists advise clients about Binding Financial Agreements before, during and after relationships.

We assist with:

• preparing Binding Financial Agreements;
• reviewing proposed agreements;
• providing independent legal advice;
• advising about asset protection; and
• resolving complex family law financial matters.

Our specialist family law expertise allows us to provide practical advice tailored to your circumstances.

Contact Mathews Family Law & Mediation Specialists to discuss whether a Binding Financial Agreement is appropriate for you.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Binding Financial Agreements for Same-Sex Couples in Australia

Same-sex couples have the same rights and obligations under Australian family law as other couples when it comes to financial agreements, property settlements and relationship breakdown.

A Binding Financial Agreement (BFA) can be entered into by eligible same-sex couples:

• before entering a marriage or de facto relationship;
• during a relationship; or
• after separation.

A BFA allows couples to agree in advance how certain financial matters will be dealt with if their relationship ends.

What Can a Binding Financial Agreement Cover?

A Binding Financial Agreement may address a range of financial issues, including:

• responsibility for household and relationship expenses;
• whether particular assets are treated as individual or joint property;
• how property acquired during the relationship will be treated;
• responsibility for debts and liabilities;
• how assets and financial resources will be divided if separation occurs; and
• spousal maintenance arrangements.

The agreement can be tailored to reflect the individual circumstances, financial arrangements and future intentions of each couple.

Why Might Same-Sex Couples Consider a Binding Financial Agreement?

There are many reasons a same-sex couple may consider entering into a BFA, including:

• protecting assets accumulated before the relationship;
• clarifying financial arrangements where one or both partners have significant assets;
• protecting business interests, trusts or investments;
• providing certainty for blended families;
• addressing differences in wealth, income or financial contributions; and
• reducing uncertainty in the event of separation.

Every relationship is different, and the suitability of a Binding Financial Agreement will depend on each couple’s circumstances and objectives.

Do I Need Legal Advice Before Signing a Binding Financial Agreement?

Yes.

Binding Financial Agreements are complex legal documents and strict requirements apply for an agreement to be legally binding.

If you have reached an agreement with your partner, it is important to obtain independent legal advice before signing any document.

An experienced family lawyer can help you understand:

• your legal rights;
• the effect of the proposed agreement;
• the advantages and disadvantages of entering into the agreement; and
• whether the agreement properly reflects your intentions.

Binding Financial Agreement Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist same-sex couples with:

• preparing Binding Financial Agreements;
• reviewing proposed agreements;
• providing independent legal advice;
• advising about property and financial arrangements; and
• resolving complex financial matters following separation.

Our approach combines specialist family law expertise with practical advice designed to provide certainty and protect your interests.

Contact Mathews Family Law & Mediation Specialists to discuss whether a Binding Financial Agreement is appropriate for your circumstances.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.