Contested Divorce in Australia
When you and your former partner cannot agree on property division or parenting arrangements, the Federal Circuit and Family Court can decide. Understand the process, costs, and your options.
When Court Becomes Necessary
Court proceedings should be a last resort, but sometimes they are unavoidable.
Parenting Disputes
Cannot agree on who children live with, time spent with each parent, education, health decisions, or relocation.
Property Settlement
Cannot agree on division of property, superannuation, debts, business interests, or spousal maintenance.
Safety Concerns
Family violence, child abuse allegations, urgent need for protection orders, or recovery of children.
The Court Process
Understanding each stage helps you prepare and budget for contested proceedings.
Initiating Application
File an Initiating Application with the Federal Circuit and Family Court. You become the Applicant, your former partner the Respondent.
Response Filed
The Respondent has 28 days to file a Response (42 days if overseas). They may file their own orders or cross-application.
First Court Date
Usually a procedural hearing before a Registrar. Orders are made for filing of documents, disclosure, and referral to dispute resolution.
Compliance Period
Exchange financial disclosure, attend dispute resolution, file updated affidavits. The court sets deadlines for each step.
Dispute Resolution / Conciliation
Court-ordered mediation or conciliation conference to try to resolve matters. Many cases settle at this stage.
Interim Hearing
If urgent orders needed (e.g., living arrangements, time with children), an interim hearing may be held before final trial.
Trial
If settlement not reached, matter proceeds to trial. Evidence presented, witnesses cross-examined, Judge makes final orders.
Judgment
Judge delivers judgment either on the day or within weeks. Orders take effect immediately unless appealed.
Typical Costs
Legal costs vary significantly based on complexity and contention. These are indicative ranges for each party's costs.
Simple Matters
Simple matters with limited assets and no children, or children's matters with some agreement
Moderate Matters
Moderate complexity with significant assets, superannuation, or contested parenting arrangements
Complex Matters
High-conflict matters, complex property, businesses, international elements, or multiple experts
Frequently Asked Questions
Prepare for Your Matter
Splitifi helps you organise evidence, track deadlines, and understand each stage of the court process. Take control of your family law matter.