Undertaking the family court process can feel daunting, especially when you’re already managing the emotional weight of separation, parenting disputes, or financial settlements. At Ramsden Family Law, we aim to demystify the process, ensuring our clients know what to expect at every stage.
Below, we break down what typically happens in the Australian family law system from the first court event through to final orders.
Before the Courtroom – Pre-Action Procedures
Before any case begins, both parties are generally expected to comply with pre-action procedures, including:
- Attempting family dispute resolution (FDR)
- Making genuine attempts to settle
- Exchanging relevant documents and financial disclosures
A Genuine Steps Certificate must be filed to confirm these steps have been taken. Exceptions apply in urgent cases or where there’s a history of family violence.
Step 1 – Filing and Serving the Application
The process officially begins when a party (the applicant) files an Initiating Application with the Federal Circuit and Family Court of Australia. Depending on the nature of the case, parenting, property, or both, accompanying documents may include:
- An affidavit
- A Notice of Risk (in parenting matters)
- A Financial Statement (in property matters)
These documents must then be served, on the other party (the respondent), who in turn can file a Response to Initiating Application.
Step 2 – The First Court Event
The First Court Event is often held within 6 to 12 weeks of filing the application. This is not a trial but a procedural hearing where:
- The Registrar or Judge checks whether all documents have been filed
- Interim issues (e.g., parenting arrangements or spousal support) may be considered
- Directions are given for next steps—such as valuations, reports, or mediation
Importantly, parties are often encouraged to resolve matters via conciliation or mediation before the matter proceeds further.
Step 3 – Interim Hearings (If Needed)
If urgent decisions are required, such as temporary parenting arrangements, financial support, or protection orders, interim hearings are scheduled. These are short hearings based on affidavits rather than live testimony.
The Judge will issue temporary (interim) orders, which remain in place until the final hearing or further orders are made.
Step 4 – Compliance, Reports and Negotiation
As the matter progresses:
- Disclosure obligations continue (e.g., financial documents in property cases)
- A family report may be ordered in parenting matters
- An Independent Children’s Lawyer (ICL) may be appointed in complex parenting cases
- A conciliation or mediation conference may be held to try and resolve the dispute
If a settlement is reached, parties can file consent orders to formalise the agreement.
Step 5 – Final Hearing (Trial)
If no agreement is reached, the matter proceeds to a final hearing (trial). This can occur 12–24 months after the initial application, depending on the court’s schedule and complexity of the case.
During the trial:
- Each party and their witnesses may give evidence and be cross-examined
- Legal representatives (or the parties themselves) make submissions
- The Judge considers all evidence before delivering a judgment
Note: Final judgments may not be delivered on the same day and can take weeks or months depending on the court’s caseload.
Step 6 – Final Orders
The Judge will issue final orders, which may relate to:
- Parenting arrangements (including who the child lives with and spends time with)
- Division of assets and liabilities
- Ongoing financial support (e.g., child support or spousal maintenance)
These orders are legally binding, and non-compliance can result in contravention applications or enforcement proceedings.
What If Circumstances Change?
If a party experiences a significant change in circumstances, they may apply to vary existing orders. The threshold for variation is high and must demonstrate a material change that justifies revisiting final decisions.
Need Trusted Guidance Through Family Court?
At Ramsden Family Law, we combine compassion with unmatched legal expertise to ensure your rights are protected and your voice is heard throughout the family court process.
Whether you’re preparing for your first court event or facing a final hearing, we’re here to help every step of the way.
Book your free 30-minute consultation and gain clarity, confidence and support.
Learn more about our family court representation services.
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