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Navigating family change.

Separation, parenting, property and support: the legal steps that help families reorganise with care.

Page Provan advises across all areas of family law; my own work includes parenting, property and financial agreement matters alongside surrogacy and fertility law. Family law is mainly Commonwealth law under the Family Law Act 1975 (Cth); Western Australia has its own Family Court. General information only, not legal advice.

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Two homes, one childhoodParenting arrangements.

When parents separate, arrangements for children are built around one question: what is in the child's best interests. Choose a topic to see where it sits.

Two homes, connected by the arrangements that matter most to a child.
Jurisdiction: Commonwealth law, Family Law Act 1975 (Cth)

01Parenting concerns and proposals

Each parent sets out what they believe will work for the child: where the child will live, schooling, health, travel and practical matters such as distance and work.

Depending on their age and maturity, a child's views can be important.

02Parental responsibility and decision-making

Each parent has parental responsibility unless a court orders otherwise. Since 6 May 2024, there is no presumption of equal shared parental responsibility.

A court can order that major long-term decisions, such as education, health and religion, be made jointly or by one parent.

03Time and communication

Arrangements cover when the child lives with or spends time with each parent and other important people, holidays and special days, changeovers, and phone or video contact.

There is no automatic starting point of equal time. Arrangements are built around the child.

04Family dispute resolution

Before applying to court for parenting orders, parents are generally required to attempt family dispute resolution with an accredited practitioner and obtain a certificate, unless an exception applies, such as family violence, child abuse or urgency.

05Parenting plans and consent orders

Agreed arrangements can be recorded in a parenting plan, which is written, signed and dated but not legally enforceable, or in consent orders approved by the court, which are enforceable.

06Court proceedings where necessary

If agreement is not possible, a court decides. Most matters are heard in the Federal Circuit and Family Court of Australia; Western Australia has its own Family Court.

The court may order a family report and appoint an independent children's lawyer.

The child's best interests are paramount.

Every decision is measured against the child's safety, needs and relationships.

Equal time is not automatic.

There is no starting presumption of equal time or equal shared parental responsibility.

Safety comes first.

Family violence and risk of harm are central considerations, and change the usual pathway.

Legal considerations
  • Considerations in deciding a child's best interests include safety, the child's views, the child's needs, and the benefit of relationships with parents and other significant people.
  • Final parenting orders can generally be changed only where there has been a significant change in circumstances.
  • Relocating with a child generally requires agreement or a court order.
  • Contravening parenting orders without a reasonable excuse can have consequences.
Commonwealth law, across Australia · General information, current as at October 2026Enquire with Page Provan
Further topics

Further topics in family change.

Each topic opens in place, with its key steps and the legal considerations behind them.

Understanding the next chapterDivorce and separation

Divorce ends a marriage. Parenting and property arrangements are separate legal matters, with their own processes and time limits.

Separation

Separation can happen even while living under the same roof. No form is needed to separate, although it helps to record the date.

Eligibility

To apply, spouses must have been separated for at least 12 months with no reasonable likelihood of reconciling, and one must have a connection to Australia through citizenship, residence or domicile. If married for less than two years, a counselling certificate or court permission is generally required.

Application

An application is filed with the Federal Circuit and Family Court of Australia, either jointly or by one spouse alone.

Service

A sole application must be served on the other spouse, as the court's rules require.

Court consideration

The court considers the application, and must be satisfied that proper arrangements have been made for any children under 18.

Divorce order

The divorce order takes effect one month and one day after it is made.

Legal considerations
  • Married couples must generally start property proceedings within 12 months after a divorce order takes effect.
  • A divorce does not decide parenting or property matters; they can be resolved before or after divorce.
  • Separation under one roof may require additional evidence.
Jurisdiction: Commonwealth law, across AustraliaEnquire with Page Provan

A new financial chapterProperty settlements

There is no automatic equal split. The question is what is just and equitable in the particular circumstances.

Identifying property and liabilities

Everything owned and owed is identified and valued, including superannuation, business interests and property held in one person's name.

Financial disclosure

Each party has a duty of full and frank disclosure of their financial circumstances, which continues throughout the matter.

Contributions

Financial and non-financial contributions are considered, including care of children and the home. Since 10 June 2025, the Family Law Act expressly allows the effect of family violence to be taken into account.

Current and future circumstances

Factors such as age, health, earning capacity, care of children and housing needs can affect the outcome.

Negotiation

Most property matters resolve by agreement, through negotiation or mediation, after disclosure.

Legally effective resolution

An agreement should be made legally effective, usually through consent orders or a binding financial agreement.

Legal considerations
  • Time limits apply: generally 12 months after a divorce order takes effect, or two years after the end of a de facto relationship.
  • Since 10 June 2025, the steps a court follows are set out in the Family Law Act, and companion animals are dealt with under specific provisions.
  • Informal agreements may not be enforceable, and may miss tax and duty concessions available for orders and financial agreements.
Jurisdiction: Commonwealth law, across AustraliaEnquire with Page Provan

Planning with clarityBinding financial agreements

An agreement about property and finances, made before, during or after a relationship. It is binding only if strict requirements are met, and it is not impossible to set aside.

Purpose

Clarify why the agreement is needed: protecting assets before a marriage or de facto relationship, or finalising arrangements after separation.

Financial information

Each party discloses their financial position. Inadequate disclosure can put the agreement at risk.

Negotiating terms

Terms cover how property, debts, superannuation and sometimes spousal maintenance will be dealt with.

Independent legal advice

Before signing, each party must receive independent legal advice about the effect of the agreement on their rights, and its advantages and disadvantages.

Formal requirements

The agreement must be in writing and signed by both parties, with signed statements confirming that the advice was given.

Challenges

A court can set an agreement aside in some circumstances, including fraud, non-disclosure, unconscionable conduct, or a material change in circumstances relating to the care of a child.

Legal considerations
  • Superannuation can be split under an agreement only if specific requirements are met.
  • Agreements should be reviewed after major life changes.
  • A financial agreement does not decide parenting arrangements, and child support agreements are separate.
Jurisdiction: Commonwealth law, across AustraliaEnquire with Page Provan

Supporting childrenChild support

Both parents have a duty to support their children. Assessments are made by Services Australia under a formula.

Child support assessment

Either parent can apply to Services Australia for an assessment, which uses the formula in the Child Support (Assessment) Act 1989 (Cth).

Income and care

The formula considers both parents' incomes, the share of care each provides, and the number and ages of the children.

Private agreements

Parents can make limited or binding child support agreements. A binding agreement requires independent legal advice for each parent.

Review or variation

An assessment can be changed in special circumstances, objected to, and reviewed by the Administrative Review Tribunal.

Enforcement

Payments can be made privately or collected by Services Australia, which has powers to recover unpaid child support.

Legal considerations
  • This site does not calculate child support. Services Australia provides an official estimator.
  • Assessments change when incomes or care change, so keeping Services Australia informed matters.
  • Where a parent lives overseas, international arrangements may apply.
  • Official information and the estimator: Services Australia ↗
Jurisdiction: Commonwealth law, across AustraliaEnquire with Page Provan

Pathways to resolutionMediation and dispute resolution

Most family law matters resolve without a final court hearing. The right pathway depends on the issues, urgency and safety.

Identifying the issues

Clarify what is agreed, what is not, and what information is still needed.

Negotiation

Discussion directly or through lawyers, often after financial disclosure.

Mediation or family dispute resolution

A neutral practitioner helps both people reach agreement. For parenting matters, family dispute resolution is generally required before court, unless an exception applies.

Agreement

What is agreed is written down clearly.

Consent orders

Agreements can be made legally effective through consent orders or a binding financial agreement, or recorded in a parenting plan.

Court where necessary

Court proceedings remain available, and may be needed urgently where there are safety concerns or a risk of harm.

Legal considerations
  • Exceptions to family dispute resolution include family violence, child abuse and urgency.
  • For financial matters, the court's pre-action procedures generally require genuine steps to resolve the dispute before filing.
  • Mediation is not appropriate where it would put anyone at risk.
Jurisdiction: Commonwealth law, across AustraliaEnquire with Page Provan
Safety first

Domestic and family violence.

If you are in immediate danger, call 000.

Domestic and family violence includes physical and sexual violence, emotional and psychological abuse, financial abuse, threats, and coercive control: a pattern of behaviour that makes a person fearful or controls them. In Queensland, coercive control has been a criminal offence since 26 May 2025.

In Queensland, protection orders are made by the Magistrates Court, on application by the person affected or by police. In family law, courts must consider family violence and safety, and it is an exception to the requirement to attempt family dispute resolution.

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General information only, current as at October 2026. It is not legal advice and does not cover every situation. For advice about your circumstances, please contact Page Provan Family and Fertility Lawyers.