Binding Financial Agreements in Sandy Bay, TAS

You must be separated for at least 12 months before applying for divorce in Australia. The 12-month period starts from the date you and your spouse decided to separate, even if you continue living in the same house ("separated under one roof"). After 12 months, you can apply via the Federal Circuit and Family Court of Australia. Once granted, the divorce becomes final 1 month and 1 day later. The total timeline from separation to divorce: minimum 13 months.

The court filing fee for divorce in 2026 is $1,060 (or $355 reduced fee if eligible for hardship). Legal fees are separate. A simple uncontested divorce with a lawyer: $1,000-$3,000. The expensive part is usually property settlement and parenting matters, not the divorce itself. Property settlement: $5,000 (mediated) to $80,000+ (contested). Parenting disputes that go to trial: $50,000-$200,000+. Most lawyers offer a free or low-cost initial consultation to give realistic cost estimates.

Most family law matters in Australia settle without going to court. The legal system actively encourages mediation, family dispute resolution, and negotiation. Even when court applications are filed, the majority settle before trial through court-supervised mediation. Going to a final hearing is uncommon and expensive. A good family lawyer aims for negotiated settlement, with court as a last resort. If you can co-operate with your ex, look for collaborative lawyers or mediation specialists.

In Australia, de facto couples have substantially the same property rights as married couples after 2+ years of cohabitation, or if there's a child of the relationship, or if there's been a significant contribution. The Family Law Act 1975 was extended in 2009 to cover de facto couples. The same 4-step property settlement process applies. Time limits are stricter for de facto couples — claims must generally be filed within 2 years of separation (versus 12 months from divorce for married couples).

Australia doesn't use the term "custody" — the law uses "parenting orders" and "parental responsibility". The starting point under the Family Law Act is "equal shared parental responsibility" (joint decision-making) and the court considers whether equal time or substantial and significant time is in the child's best interests. The "best interests of the child" considers safety, the child's views (depending on age), the relationship with each parent, and practical considerations (school, work). Most matters resolve via parenting plans or consent orders without court involvement.

A BFA is a contract between partners (married or de facto) that sets out how property, finances, and spousal maintenance will be handled if the relationship ends. They can be made before, during, or after a relationship. BFAs require both parties to receive independent legal advice and a signed certificate from each lawyer to be valid. They are commonly used as "prenups" but can also formalise property settlement after separation. Lawyer fees: $3,000-$10,000 for the agreement itself.

Most child support is administratively assessed by Services Australia using a formula — no lawyer required. You apply via myGov, both parents' incomes are assessed, and a monthly amount is calculated. However, you may need a family lawyer if: the formula doesn't reflect your circumstances (private income, business structures), you want a Limited or Binding Child Support Agreement, you need to enforce non-payment, or you're negotiating private school fees and extracurricular costs as part of a broader settlement.

Separation is the act of ending the marriage in practical terms — agreeing the relationship is over (even if living together). Divorce is the legal end of the marriage, granted by the court 12+ months after separation. Annulment ("decree of nullity") declares the marriage was never valid — only available in narrow circumstances like one party being underage, lacking capacity, or duress. Property settlement and parenting matters can be dealt with at any time after separation — you don't have to wait for the divorce.