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Family Law

FED

This publication guides practitioners through divorce, property settlement, children, and financial agreements.

6 Matter Plans

Overview

A comprehensive publication assisting family law practice in the Federal Circuit and Family Court of Australia. Four guides with detailed matter plans that outline the typical progression of a family law matter from start to finish. This includes settlement negotiations, commencing proceedings, interim applications, preparing for and conducting final hearings, and enforcement.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included are 101 Family Law Answers and 101 Subpoena Answers, which are useful reference guides.

Precedents in this publication include:

  • Initial letter to client;
  • Initial pre-action letter to spouse;
  • Consent orders;
  • Financial agreements;
  • Parenting plan;
  • Affidavit –Separation under the one roof;
  • Summary of assets and liabilities.
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6 Matter Plans Included

  • Item icon ALERT - This guide has been updated for amendments to the Family Law Act 1975 effective 10 June 2025.
    This guide has been updated for amendments to the Family Law Act 1975 effective 10 June 2025.

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  • Item icon Full Commentary - Divorce
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon 101 Family Law Answers
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Family Law
      • Item icon Consent orders in property settlement
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Item icon Further information
  • Item icon Overview
    The 2 ways to end a marriage are:

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  • Item icon Summary of the process
    The usual steps in acting for an applicant in a sole divorce application include:

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  • Folder icon A. Getting the matter underway
    • Folder icon If required - Family Court of WA
      • Item icon The Family Court of Western Australia
        The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.

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      • Folder icon Forms for the Family Court of WA
        • Folder icon Brochures
          • Item icon AG Publication - Parenting orders: What you need to know
          • Item icon Arbitration
          • Item icon Australian standards of practice for family assessment and reporting
          • Item icon Chapter 19 costs notice
          • Item icon Conference of experts
          • Item icon Enforcement hearings
          • Item icon Guide for Lawyers and Parties in PPP500
          • Item icon Guidelines for exemption of court fees
          • Item icon Guidelines for reduced fee - divorce and decree nullity application
          • Item icon Marriage Families & Separation
          • Item icon Parenting orders - obligations, consequences and who can help
          • Item icon Preparing for the first court date PPP500
          • Item icon Subpoena - information for people requesting issue of a subpoena
          • Item icon Subpoena - information for people who have been served with a subpoena
          • Item icon Third party debt notices
        • Folder icon Kits
          • Item icon Financial statement kit
          • Item icon Superannuation kit
        • Item icon Acknowledgment - information from a family counsellor or family dispute resolution practitioner
        • Item icon Acknowledgment of service
        • Item icon Affidavit
        • Item icon Affidavit of translation of marriage certificate
        • Item icon Affidavit of proof of identity
        • Item icon Affidavit of proof of signature
        • Item icon Affidavit of service
        • Item icon Annexure page to Affidavit
        • Item icon Application - contempt
        • Item icon Application - contravention
        • Item icon Application for consent orders
        • Item icon Application for exemption from fees - financial hardship (not to be used for divorce)
        • Item icon Application for exemption from fees - general (not to be used for divorce)
        • Item icon Application in a case
        • Item icon Application for reduction of payment of divorce or decree of nullity - financial hardship
        • Item icon Application for reduction of payment of divorce or decree of nullity - general
        • Item icon Bankruptcy - arrest warrant
        • Item icon Brief to counsel
        • Item icon Case information affidavit
        • Item icon Callover certificate
        • Item icon Certificate of conferral
        • Item icon Conciliation conference particulars
        • Item icon Consent order annexure
        • Item icon Enforcement warrant - seizure and sale of property
        • Item icon Family dispute resolution - exemption form
        • Item icon Financial statement
        • Item icon Initiating Application
        • Item icon Itemised costs account
        • Item icon Minute of consent orders
        • Item icon Notice disputing itemised costs account
        • Item icon Notice of address for service
        • Item icon Notice of appeal
        • Item icon Notice of ceasing to act
        • Item icon Notice of change of name
        • Item icon Notice of child abuse and family violence (or risk)
        • Item icon Notice of discontinuance
        • Item icon Notice of payment into court
        • Item icon Notice of intervention by persons entitled to intervene
        • Item icon Notice of non-party production of documents
        • Item icon Notice of objection to hearing in absence of parties
        • Item icon Notice of request to inspect
        • Item icon Reply to response to initiating application
        • Item icon Request for deferral of court fees
        • Item icon Request for refund of court fees
        • Item icon Request for supply of court documents
        • Item icon Request to attend by electronic communication
        • Item icon Response to an application for divorce
        • Item icon Response to an application in a case
        • Item icon Subpoena
        • Item icon Superannuation information kit
        • Item icon Third party debt notice
        • Item icon Response to initiating application
        • Item icon Undertaking
        • Item icon Undertaking as to disclosure
      • Item icon eCourts Portal of Western Australia
    • Item icon File cover sheet - Divorce
    • Item icon To do list - Divorce
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Divorce
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Brochure - Marriage, families and separation
    • Folder icon Costs agreements - Divorce
      • Folder icon Australian Capital Territory
        • Item icon Costs agreement - ACT
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon New South Wales
        • Item icon Costs agreement - NSW
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon Northern Territory
        • Item icon Costs agreement - NT
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon Queensland
        • Item icon Initial letter to client enclosing costs agreement
        • Item icon Costs agreement - QLD
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
        • Item icon Abbreviated costs disclosure - Costs under $3000
      • Folder icon South Australia
        • Item icon Costs agreement - SA
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon Tasmania
        • Item icon Costs agreement - TAS
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon Victoria
        • Item icon Costs agreement - VIC
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
      • Folder icon Western Australia
        • Item icon Costs agreement - WA
        • Item icon Scope of work - Divorce
        • Item icon Scale of costs in family law and child support matters
        • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Letter to client with costs estimate for court rule compliance - Financial proceedings
      • Item icon Letter to client with costs estimate for court rule compliance
    • Item icon Taking instructions in divorce matters
      At the first conference, obtain as much relevant information as possible to advise the client about their options. The Retainer Instructions – Divorce on the matter plan prompt for all necessary information. As an application can be filed by one or both parties, the first thing to determine is ...

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    • Item icon Letter to other side requesting joint application
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Initial considerations
    • Item icon Marriage certificate
      Either the official registry certificate or the ceremonial certificate must be filed with the application. The names in the application must precisely match the names on the marriage certificate. If not, further evidence of the parties' identities will be required.

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    • Folder icon If required - Translation of marriage certificate
      • Item icon Affidavit translation of marriage certificate
      • Item icon Clause - Affidavit - Translation of marriage certificate
    • Folder icon If required - Separation under the one roof
      • Item icon Separation under one roof
        The requirement under s 48(2) that parties live separately and apart does not require that they reside separately. It is not uncommon for parties to determine that their marriage is at an end but remain living under one roof for some time for various reasons, such as parental responsibilities, ...

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      • Item icon Brochure - Separated but living under one roof
      • Item icon Affidavit - Family law and child support proceedings
      • Item icon Clause - Corroborating affidavit of separation under the one roof
      • Item icon Prompt for Corroborating affidavit of separation under the one roof
      • Item icon Clause - Separation under the one roof
      • Item icon Prompt for Affidavit of separation under the one roof
      • Item icon How to use Matter AI for Word
  • Folder icon C. Going to court
    • Folder icon If required - Family Court of WA
      • Item icon The Family Court of Western Australia
        The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Folder icon Forms for the Family Court of WA
        • Folder icon Brochures
          • Item icon AG Publication - Parenting orders: What you need to know
          • Item icon Arbitration
          • Item icon Australian standards of practice for family assessment and reporting
          • Item icon Chapter 19 costs notice
          • Item icon Conference of experts
          • Item icon Enforcement hearings
          • Item icon Guide for Lawyers and Parties in PPP500
          • Item icon Guidelines for exemption of court fees
          • Item icon Guidelines for reduced fee - divorce and decree nullity application
          • Item icon Marriage Families & Separation
          • Item icon Parenting orders - obligations, consequences and who can help
          • Item icon Preparing for the first court date PPP500
          • Item icon Subpoena - information for people requesting issue of a subpoena
          • Item icon Subpoena - information for people who have been served with a subpoena
          • Item icon Third party debt notices
        • Folder icon Kits
          • Item icon Financial statement kit
          • Item icon Superannuation kit
        • Item icon Acknowledgment - information from a family counsellor or family dispute resolution practitioner
        • Item icon Acknowledgment of service
        • Item icon Affidavit
        • Item icon Affidavit of translation of marriage certificate
        • Item icon Affidavit of proof of identity
        • Item icon Affidavit of proof of signature
        • Item icon Affidavit of service
        • Item icon Annexure page to Affidavit
        • Item icon Application - contempt
        • Item icon Application - contravention
        • Item icon Application for consent orders
        • Item icon Application for exemption from fees - financial hardship (not to be used for divorce)
        • Item icon Application for exemption from fees - general (not to be used for divorce)
        • Item icon Application in a case
        • Item icon Application for reduction of payment of divorce or decree of nullity - financial hardship
        • Item icon Application for reduction of payment of divorce or decree of nullity - general
        • Item icon Bankruptcy - arrest warrant
        • Item icon Brief to counsel
        • Item icon Case information affidavit
        • Item icon Callover certificate
        • Item icon Certificate of conferral
        • Item icon Conciliation conference particulars
        • Item icon Consent order annexure
        • Item icon Enforcement warrant - seizure and sale of property
        • Item icon Family dispute resolution - exemption form
        • Item icon Financial statement
        • Item icon Initiating Application
        • Item icon Itemised costs account
        • Item icon Minute of consent orders
        • Item icon Notice disputing itemised costs account
        • Item icon Notice of address for service
        • Item icon Notice of appeal
        • Item icon Notice of ceasing to act
        • Item icon Notice of change of name
        • Item icon Notice of child abuse and family violence (or risk)
        • Item icon Notice of discontinuance
        • Item icon Notice of payment into court
        • Item icon Notice of intervention by persons entitled to intervene
        • Item icon Notice of non-party production of documents
        • Item icon Notice of objection to hearing in absence of parties
        • Item icon Notice of request to inspect
        • Item icon Reply to response to initiating application
        • Item icon Request for deferral of court fees
        • Item icon Request for refund of court fees
        • Item icon Request for supply of court documents
        • Item icon Request to attend by electronic communication
        • Item icon Response to an application for divorce
        • Item icon Response to an application in a case
        • Item icon Subpoena
        • Item icon Superannuation information kit
        • Item icon Third party debt notice
        • Item icon Response to initiating application
        • Item icon Undertaking
        • Item icon Undertaking as to disclosure
      • Item icon eCourts Portal of Western Australia
    • Item icon Jurisdiction
      Divorce is a matrimonial cause as defined in s 4 of the Family Law Act 1975, as are any other proceedings between parties to a marriage. Section 39(3) invests Division 2 of the Federal Circuit and Family Court of Australia (FCFCOA) with jurisdiction in matrimonial causes. However, ...

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    • Item icon The court
      The Federal Circuit and Family Court of Australia (FCFCOA) has 2 divisions:

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    • Item icon Practice Directions
      The Central Practice Direction: Family Law Case Management and the Family Law Practice Direction: Divorce proceedings apply to all divorce applications. Before filing an application or a response lawyers must give their clients a copy of the Central Practice Direction: Family Law Case Management. ...

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    • Item icon Letter to client with Central Practice Direction
    • Item icon Central Practice Direction - Family Law Case Management
    • Item icon eFiling
      Divorce applications are filed electronically through the Commonwealth Courts Portal, available 24 hours a day. Practitioners need to register a username and password. The portal provides registered users with access to information about their cases, documents filed, court dates, outcomes, and ...

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    • Item icon Affidavit for efiling application (divorce)
    • Folder icon If required - Court fees - Reduction, deferral and refund
      • Item icon Court fees – reduction, exemption, or deferral
        The filing fee is payable via the portal when filing the application. The Family Law (Fees) Regulation 2022 governs the fees for family law matters. Parties may be eligible for an exemption or reduction of court fees if they:

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      • Item icon Brochure - Guidelines for reduced fee - divorce and decree of nullity application
      • Item icon Application for exemption from paying court fees - general
      • Item icon Application for exemption from paying court fees or reduction - financial hardship
      • Item icon Application for reduction of payment of divorce or decree of nullity - financial hardship
      • Item icon Application for reduction of payment of divorce or decree of nullity - general
      • Item icon Request for deferral of court fees
      • Item icon Request for refund of court fees
    • Folder icon If required - Service
      • Item icon Serving the application
        Joint applications For a joint application, no service is required.

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      • Item icon Letter to other side's solicitor serving application
      • Item icon Brochure - Marriage, families and separation
      • Item icon Letter to process server
      • Item icon Letter to court enclosing acknowledgement and affidavit of service
      • Item icon Acknowledgment of service (divorce)
      • Item icon Affidavit of service by hand - divorce
      • Item icon Affidavit of service by post - divorce
      • Item icon Affidavit proving signature - divorce
    • Folder icon If required - Substituted service and Dispensation of service
      • Item icon Substituted service and dispensation of service
        If all reasonable attempts have been made to serve the documents without success, r 2.34 of the Family Law Rules 2021 provides that an application to the court can be made for an order dispensing with service or substituting another way of serving the document. The application is filed as an ...

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      • Item icon Application in a proceeding
      • Item icon Clause - Application in a proceeding for substituted service
      • Item icon Affidavit - Family law and child support proceedings
      • Item icon Clause - Affidavit in support of application in a proceeding for substituted service
    • Item icon Hearing date
      A hearing date is allocated by the online registry when the application is filed. The service copy of the application contains the hearing date. Therefore, time for serving the application is of the essence; otherwise, an adjournment of the hearing will be required.

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    • Item icon Opposing an application
      An application for divorce can only be opposed on the bases that:

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    • Item icon Response to divorce
    • Item icon Commonwealth Courts Portal
    • Item icon Attendance at court
      The parties are not required to attend for a joint application or a sole undefended application: s 98A of the Family Law Act 1975. Attendance is advisable if additional affidavit material has been filed to explain any specific circumstances that may impact the application's outcome, such as ...

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    • Item icon Letter to client re hearing date
    • Item icon Letter to client with costs estimate for court rule compliance
    • Folder icon If required - Discontinuance
      • Item icon Discontinuance
        Proceedings may be discontinued according to r 10.02 of the Family Law Rules 2021. The rule provides that:

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      • Item icon Notice of discontinuance
      • Item icon Application in a proceeding
      • Item icon Affidavit - Family law and child support proceedings
    • Folder icon If required - Subpoenas
      • Item icon Subpoena - Family Law
      • Item icon Affidavit - Family law and child support proceedings
      • Item icon Notice of request to inspect
      • Item icon Subpoena – Information for named person or other person (served with a subpoena)
    • Item icon Appealing against a divorce order
      An appeal cannot be filed after a divorce order has taken effect see s 60 of the Family Law Act 1975 and Price & Underwood (Divorce Appeal) [2009] FamCAFC 127.

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    • Item icon Rescinding a divorce order
      If the parties reconcile before the divorce order takes effect, they may apply to the court under r 1.09 of the Family Law Rules 2021 for the order to be rescinded: s 57 of the Family Law Act 1975. An order may also be rescinded where the court is satisfied that there has been a ...

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  • Folder icon D. Finalising the divorce
    • Item icon Divorce order
      The Federal Circuit and Family Court of Australia can grant a divorce order based on the sole ground that the marriage has broken down irretrievably: s 48(1) of the Family Law Act 1975. This ground is established if the court is satisfied that the parties have lived separately and apart for a ...

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    • Item icon When the order takes effect
      Section 55(1) of the Family Law Act 1975 provides that the order is effective one month after the order is made. Rule 15.04 of the Family Law Rules 2021 provides that means a calendar month. A divorce order will not take effect before court is satisfied that proper arrangements have been ...

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    • Item icon Letter to client confirming divorce granted
    • Item icon Freedom to remarry
      A party is free to remarry under s 59 once the order has taken effect.

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    • Folder icon If required - Proof of divorce
      • Item icon Request proof of divorce - Family Law Courts eService
  • Folder icon E. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Folder icon Example invoices incorporating notification of rights
      • Item icon Example invoice incorporating notification of client's rights - NSW
      • Item icon Example invoice incorporating notification of client's rights - VIC
      • Item icon Example invoice incorporating notification of client's rights - QLD
      • Item icon Example invoice incorporating notification of client's rights - SA
      • Item icon Example invoice incorporating notification of client's rights - TAS
      • Item icon Example invoice incorporating notification of client's rights - ACT
      • Item icon Example invoice incorporating notification of client's rights - NT
      • Item icon Example invoice incorporating notification of client's rights - WA
    • Item icon Invoice recital - Family law
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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