Family Law Glossary

A document signed by a person who has been served with court documents, confirming they received them.

A written statement of facts that is sworn or affirmed to be true and is used as evidence in court proceedings

A process for resolving disputes without going to court. Examples include mediation, negotiation and arbitration.

An applicant is the party who starts a family law case by filing an application with the court

The total value of assets, liabilities and financial resources considered when determining a property settlement.

A barrister is an independent lawyer with specialist skills in dispute resolution, litigation strategy and advice, and advocacy before the court. In Victoria, an Australian lawyer who wishes to practise as a barrister will generally become a member of the Victorian Bar.

A legally enforceable agreement that sets out how property, assets and financial matters will be divided if a relationship breaks down. Also known as a “pre-nuptial agreement” or “prenup.”

A report prepared by a court-appointed professional that assists the court in understanding a child’s circumstances and best interests.

Financial contributions paid by one parent to assist with the costs of raising a child. Child support is generally administered by Services Australia.

Legally binding court orders made by agreement between parties. They can deal with parenting arrangements, property division, spousal maintenance or a combination of these issues.

A contravention means a failure to comply with, or a breach of, a court order made under the Family Law Act 1975 (Cth).

A costs agreement is a legally binding contract between a lawyer and a client outlining how much legal services will cost and how they will be billed.

An order requiring one party to pay some or all of another party’s legal costs. In family law proceedings, each party generally pays their own legal costs, but the court may make a costs order where it considers it just to do so.

In Australian law, Counsel typically refers to a Barrister.

A scheduled court appearance, hearing, directions hearing, mention or conference.

Directions or decisions made by a judicial officer that parties must follow. Orders may be interim (temporary) or final.

The process by which a party challenges and tests the evidence of another party or witness through questioning in court.

A term commonly used to describe arrangements for children after separation.

A relationship between two people who live together as a couple but are not legally married. Under Australian family law, most de facto couples have similar rights and obligations to married couples.

A disbursement is a fee or other charge that a law practice may incur on your behalf. These may include, court filing fees, barrister’s fees, other expert’s fees or company/title search fees.

The legal ending of a marriage. Australia has a no-fault divorce system, meaning the court does not consider who caused the relationship breakdown.

The legal obligation to provide complete and honest information about finances, assets, liabilities and relevant circumstances.

A legal concept relating to major long-term decisions for children, such as education, health and religion. It does not necessarily mean equal time with each parent.

A structured mediation process that helps separated families resolve parenting and other disputes without going to court.

The primary legislation governing family law matters in Australia.

A report prepared by a psychologist or social worker to help the court make decisions about parenting arrangements.

Behaviour that is threatening, coercive, controlling or abusive, including physical, emotional, psychological, financial or technological abuse.

Court orders that permanently determine issues such as property division or parenting arrangements, unless varied later by a court.

A financial agreement is a written agreement made between parties to a marriage or de facto relationship that deals with financial matters such as property division, financial resources, and spousal maintenance.

The process of exchanging financial information and documents relevant to a family law matter.

A document filed with the court setting out a person’s income, expenses, assets, liabilities and financial resources. It is commonly required in property settlement and spousal maintenance cases.

A document filed with certain family law applications confirming the steps taken to attempt to resolve the dispute before commencing court proceedings.

A Hearing is a Court event where a judge, judicial registrar or other judicial officer considers evidence, legal arguments or procedural issues and makes decisions or orders about a family law matter. Hearings may be procedural, interim or final.

A lawyer appointed by the court to represent a child’s best interests in certain parenting cases.

The court document used to commence family law proceedings. It sets out the orders being sought by the applicant.

Is a court event where a decision can be made about particular issues in dispute in the case on an interim or interlocutory basis, by a Judge or a Senior Judicial Registrar.

Temporary court orders made before a final hearing.

A judicial officer who can hear and determine certain family law matters.

The process of resolving a dispute through court proceedings.

The home occupied by spouses during a marriage. It is generally considered part of the property pool.

A dispute resolution process where an independent mediator assists parties to negotiate an agreement.

A family law mediator in Australia is an impartial, trained professional who facilitates negotiation between separating couples.

A draft document containing agreed orders that parties ask the court to make without requiring a contested hearing.

A document setting out the precise orders a party wants the court to make. It may accompany an Initiating Application, Response or Interim Application.

A document notifying the court and other parties of the address where legal documents should be sent.

A court document filed when concerns exist about a child’s safety or exposure to risk.

Under the Family Law Act 1975 (Cth), parental responsibility means “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.”

Court orders that set out arrangements for children, including where they live, spend time and communicate with parents and others.

A written agreement between parents about parenting arrangements. Unlike court orders, parenting plans are generally not legally enforceable.

The legal division of property, assets, liabilities and superannuation following separation.

A court order requiring that a child be returned to a parent, a person with whom the child is to live, spend time or communicate under a parenting order, or a person who has parental responsibility for the child.

The proposed move of a child and a parent to another town, city, state or country that may affect a child’s living arrangements or their ability to spend time with the other parent. If parents cannot agree about a relocation, the court may determine whether the move is in the child’s best interests

A document allowing a party to respond to new issues raised in a response.

The person responding to a court application brought by another party.

A document filed by the respondent outlining which orders they agree with, oppose, or seek themselves.

A certificate issued by a Family Dispute Resolution practitioner after parties attempt family dispute resolution. In many parenting cases, it is required before applying to the court.

The breakdown of a relationship where one or both parties decide the relationship has ended.

Separation under one roof occurs when spouses have separated and ended their marital relationship but continue to live in the same home.

Documents that prove court papers have been provided to the other party in accordance with court rules.

Financial support paid by one spouse or former spouse to another when that person cannot adequately support themselves.

Is a legal document issued by the court at the request of a party to proceedings that compels a person or organisation to produce documents, give evidence, or do both.

A subpoena requiring records or documents to be produced to the court, such as school records, medical records or financial records.

A subpoena requiring a person to attend court and provide oral evidence.

The division of superannuation interests between separating spouses or de facto partners.

Time that a child spends with a parent or other person in the presence of an approved third party who monitors the interaction and helps ensure the child’s safety and wellbeing.

A transcript is the written record of what was said during a court hearing or proceeding. It is prepared from the official audio recording of the hearing and forms an official record of the proceedings.

A final court hearing where a judge determines disputed issues after considering evidence.

A formal promise given to the court. Breaching an undertaking can have serious consequences.

A Victorian tribunal dealing with a range of civil matters. While VCAT does not generally hear family law disputes, it may be relevant in related legal matters.

A legal term indicating that communications made during settlement negotiations cannot generally be used as evidence in court.