In this guide(10 sections)
Family law has a language of its own, and most people meet it at the worst possible time. This glossary explains the terms you are most likely to run into — what they mean, which law sits behind them, and how they fit together. It is general information, not legal advice, and every situation is different.
What is family law terminology?
Family law terminology is the set of legal terms used in Australian family law — the body of law, mostly under the Family Law Act 1975 (Cth), that governs divorce, dividing property and superannuation, parenting arrangements, child support and spousal maintenance. The terms below name the documents, court processes and concepts you encounter when a relationship ends.
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At a glance — the most-searched family law terms
| Term | Plain-English meaning |
|---|---|
| Consent orders | An agreement about money or children, approved by the court so it is legally binding |
| Binding Financial Agreement (BFA) | A private property agreement (a "prenup" or post-separation deal) that needs independent legal advice, not court approval |
| Property settlement | Dividing assets, super and debts after separation — no automatic 50/50 |
| Parenting orders | Court orders about where children live and how decisions are made |
| Parental responsibility | The duty and authority to make long-term decisions for a child |
| Child support | Regular payments towards the cost of raising children, set by a formula |
| Spousal maintenance | Financial support from one former partner to the other |
| De facto relationship | A couple living together without being married |
| Section 60I certificate | Proof you tried family dispute resolution before a parenting case |
| Best interests of the child | The guiding test in every parenting decision |
Court and process terms
Federal Circuit and Family Court of Australia (FCFCA)
The main court that hears family law matters in Australia — divorce, property, parenting and related disputes. It was formed in 2021 by merging the former Family Court and Federal Circuit Court. Most family law applications start here, lodged through the Commonwealth Courts Portal.
Family Law Act 1975 (Cth)
The principal Commonwealth legislation governing divorce, property division, parenting and maintenance across Australia (other than Western Australia, which has its own Family Court for some matters). Most terms in this glossary trace back to this Act.
Sole application and joint application
Two ways to apply for a divorce. A sole application is filed by one spouse; a joint application is filed by both together. A joint application is often simpler because the other party does not need to be served, but either route ends the marriage once the 12-month separation requirement is met.
Divorce vs property settlement
A divorce legally ends a marriage; it does not divide your assets or sort out the children. Property settlement is a separate process, and there are time limits to start it after a divorce becomes final. Many people are surprised these are two distinct steps rather than one.
Family dispute resolution (FDR)
A confidential, structured process where an accredited practitioner helps separating couples try to reach agreement — usually about children — without going to court. For most parenting disputes, family dispute resolution must be attempted first, with exceptions for urgency or safety.
Mediation
A guided negotiation with a neutral third party who helps both people reach their own agreement. Mediation is voluntary in substance and the mediator does not decide the outcome. It is widely used for both parenting and financial matters and is generally faster and cheaper than litigation.
Section 60I certificate
A certificate issued by an accredited family dispute resolution practitioner confirming you genuinely attempted mediation before filing a parenting case. Under section 60I of the Family Law Act, you usually need one to start parenting proceedings, unless an exception (such as family violence or urgency) applies.
Family report
A report prepared by a court-appointed family consultant or psychologist who meets the parents and children and assesses the family situation. It informs the court about the children's needs and the parenting arrangements that may serve their best interests. It is an assessment, not a binding decision.
Independent Children's Lawyer (ICL)
A lawyer appointed by the court to represent a child's best interests — not to take instructions from the child the way a normal lawyer does. The ICL gathers evidence, may call witnesses, and gives the court an independent view focused on the child's welfare.
Contravention
A failure to comply with a court order. If a parent breaches parenting orders, the other parent can file a contravention application asking the court to enforce them. The court can respond in several ways, from varying the orders to imposing penalties, depending on the circumstances and whether there was a reasonable excuse.
Undertaking
A formal promise made to the court to do, or not do, something. Breaking an undertaking can have consequences similar to breaching an order. Undertakings are often used to resolve issues by agreement without the court making contested findings.
Property and money terms
Property settlement
Dividing what a couple owns and owes after separation — the home, savings, superannuation, businesses and debts. There is no automatic 50/50 split. How property is divided in a divorce is worked out under a structured fairness assessment in the Family Law Act.
Four-step process
The framework courts use for property division: (1) work out the asset pool and its value; (2) assess each person's contributions, financial and non-financial; (3) consider future needs (income, care of children, health, age); and (4) check that the overall result is just and equitable. It is a fairness test, not a formula.
Just and equitable
The overarching standard a court must be satisfied of before altering property interests under section 79 of the Family Law Act. It means the division must be fair in all the circumstances. A court will not adjust property at all unless doing so is just and equitable.
Asset pool
The combined value of everything the couple owns and owes — real estate, bank accounts, vehicles, shares, businesses, superannuation and liabilities. Identifying and valuing the pool accurately is the first step before any division can be worked out.
Financial disclosure
Each person's legal duty to give full and frank disclosure of their financial position — income, assets, liabilities and financial resources. The duty is ongoing and applies whether you settle by agreement or in court. Incomplete disclosure can lead to a settlement being set aside.
Superannuation splitting
Dividing superannuation between separating partners as part of a property settlement. Super is treated as property under the Family Law Act, though it usually stays preserved in a fund until a condition of release (such as retirement) is met. Splitting can be done by agreement or court order.
Spousal maintenance
Financial support paid by one former partner to the other after separation, where one cannot adequately support themselves and the other has the capacity to assist. It is assessed on need and capacity, and is separate from child support and from property settlement.
Child support
Regular payments from one parent towards the cost of raising the children. Child support in Australia is generally worked out by a Services Australia formula based on both parents' incomes and how much care each provides. It is separate from spousal maintenance and from property settlement.
Property settlement timeline
The sequence and timing of a financial settlement — from gathering disclosure and valuing the pool through to consent orders or a hearing. The property settlement timeline varies with complexity, but statutory time limits apply: 12 months after a divorce, or two years after a de facto separation, to start proceedings.
Family lawyer cost
What it costs to engage a family lawyer — typically a mix of fixed fees for defined tasks and hourly rates for ongoing matters. The cost of a family lawyer in Melbourne depends on the type of matter and how much is in dispute. Costs are not a guide to outcomes.
Parenting terms
Parenting orders
Court orders that deal with where children live, who they spend time with, and how decisions about them are made. Parenting orders can be made by agreement or after a hearing, and the court's focus is always the child's best interests rather than parents' preferences.
Parental responsibility
All the duties, powers and authority parents have in relation to a child, particularly long-term decisions about schooling, health and religious upbringing. It is not about time spent with a child. Following 2024 reforms to the Family Law Act, there is no longer a presumption of equal shared parental responsibility; arrangements turn on the child's best interests.
Best interests of the child
The paramount consideration in every parenting decision under the Family Law Act. The court weighs factors including safety, the child's views, their developmental needs, and the benefit of relationships with both parents — with safety from harm given priority. It is the central test all parenting outcomes are measured against.
Parenting plan
A written, signed and dated agreement between parents about parenting arrangements. It is not filed with a court and is not legally enforceable in the way orders are, but courts can take it into account. A parenting plan can be changed by agreement at any time, which makes it flexible but less certain than orders.
Spend time with / live with
The current statutory language for what people often call "custody" and "access". A child "lives with" one or both parents and "spends time with" the other. Australian family law moved away from "custody" and "access" terminology to focus on the child rather than parental ownership.
Agreements and finalising
Consent orders
Court-approved orders that finalise property and/or parenting arrangements by agreement, without a contested hearing. Consent orders are made once the court is satisfied the arrangement is just and equitable (for property) or in the child's best interests (for parenting). You generally do not attend court — they are assessed on the papers.
Binding Financial Agreement (BFA)
A private financial agreement between partners under Part VIIIA of the Family Law Act that contracts out of the court's property-division regime. A Binding Financial Agreement can be made before, during or after a relationship. Each person must receive independent legal advice for it to be valid, and it does not require court approval.
Prenuptial agreement (prenup)
The common name for a BFA made before marriage. Australian law does not use the term "prenup" formally; it is a financial agreement under the Family Law Act. The same independent-legal-advice requirements apply as for any BFA.
De facto relationship
A couple living together on a genuine domestic basis without being married. Under the Family Law Act, de facto couples generally have the same property and parenting rights as married couples, provided thresholds (such as the length of the relationship or having a child together) are met.
Family violence terms
Intervention order (IVO)
A Victorian civil court order protecting a person from family violence or unsafe behaviour. An intervention order is not a criminal charge, but breaching its conditions is a criminal offence. In Victoria there are two types: a Family Violence Intervention Order (FVIO) and a Personal Safety Intervention Order (PSIO).
Family violence
Defined broadly in section 4AB of the Family Law Act to include physical, sexual, psychological and financial abuse, threats, and coercive or controlling behaviour that causes a family member to be fearful. Family violence is a relevant consideration in both parenting and property matters.
Jewish family law terms
The get
A Jewish religious divorce — a document of divorce prescribed by halacha (Jewish law) and administered by a Beth Din. A civil divorce does not end a Jewish marriage; the get does. Without it, an observant person generally cannot remarry within the faith.
Agunah
Literally a "chained" person — usually a wife whose marriage has ended in practice but who cannot obtain a get from her husband. The agunah situation is one of the harder problems in Jewish family law, because halacha requires the get to be granted voluntarily and cannot be directly compelled.
Beth Din
A Jewish religious court. The Beth Din administers the get and certain other religious matters. It is independent of the Australian civil courts — the two systems do not formally coordinate, so the bridge between them is usually the family lawyer.
Halachic prenup
A Jewish-law prenuptial agreement designed so that neither spouse can withhold the get if the marriage ends. It is drafted alongside a civil Binding Financial Agreement so the religious and legal sides are both addressed, rather than as a substitute for one.
Frequently asked questions
What does "consent orders" mean?
Consent orders are court-approved orders that record an agreement you and your former partner have reached about property, parenting, or both. The court checks the arrangement — that it is just and equitable for property, or in the child's best interests for parenting — and then makes it legally binding. You generally do not have to attend court; the application is assessed on the papers.
What is the difference between a parenting plan and parenting orders?
A parenting plan is a written, signed agreement between parents that is not filed with a court and is not legally enforceable like an order. Parenting orders are made by a court — by consent or after a hearing — and can be enforced. A plan is flexible and easy to change by agreement; orders give more certainty but are harder to vary.
What does "de facto" mean in Australian family law?
A de facto relationship is a couple living together on a genuine domestic basis without being married, including same-sex couples. Under the Family Law Act, de facto partners generally have the same rights as married couples for property division and parenting, provided a threshold is met — such as the relationship lasting at least two years, there being a child, or significant contributions.
What is a section 60I certificate?
A section 60I certificate is issued by an accredited family dispute resolution practitioner and confirms that you attempted, or attended to attempt, mediation before filing a parenting case. Under section 60I of the Family Law Act, you usually need one to start parenting proceedings, unless an exception such as family violence, child abuse risk or urgency applies.
What does "just and equitable" mean?
"Just and equitable" is the fairness standard a court must be satisfied of before changing property interests under section 79 of the Family Law Act. It means the division must be fair in all the circumstances of the particular relationship. Importantly, a court will not alter property at all unless it is satisfied that doing so is just and equitable.
Does a parenting order mean equal time?
No. Following the 2024 reforms to the Family Law Act, there is no presumption of equal shared parental responsibility and no automatic entitlement to equal time. Parenting arrangements are decided by reference to the child's best interests, which may or may not result in equal or substantial time — it depends entirely on the individual circumstances.
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Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012.Last reviewed 10 June 2026.
This guide is general information about Australian family law, not legal advice for your specific situation. For advice on your matter, book a free initial consultation.