Property • Parenting • BFAs • Consent Orders • Superannuation • Separation
Family law in Australia is governed by federal legislation, primarily the Family Law Act 1975 (Cth). This means Adams United Lawyers can act for clients nationwide, regardless of location.
This comprehensive 2025 guide explains how family law works in Australia, including property settlement, superannuation splitting, Binding Financial Agreements (BFAs), de facto relationships, parenting arrangements, consent orders, spousal maintenance and dispute resolution.
What Family Law Covers in Australia
Australian family law covers:
- Division of assets and property
- Parenting arrangements and parental responsibility
- Binding Financial Agreements (prenups, de facto, separation)
- Consent Orders (property and parenting)
- Superannuation splitting
- Spousal maintenance
- De facto relationship rights
- Family violence considerations
- Child support and financial contributions
- Mediation and dispute resolution
The aim is to achieve fair, safe and efficient outcomes for families.
Property Settlement in Australia
Property settlement determines how the asset pool will be divided after separation.
The “asset pool” includes:
- family home
- investment properties
- savings and bank accounts
- shares, crypto and investments
- businesses and company interests
- vehicles and valuables
- superannuation
- debts and liabilities
The Court applies a four-step process:
- Identify the asset pool
- Assess contributions (financial and non-financial)
- Consider future needs (children, income, health etc.)
- Ensure the outcome is “just and equitable”
Superannuation in Family Law
Super is treated as property and must be included in the asset pool.
It can be:
- split by percentage
- split by base amount
- or offset against property
A formal superannuation splitting order or a BFA clause is required.
Superannuation Splitting Orders
Binding Financial Agreements (BFAs)
A BFA is a legally binding contract that allows couples to privately agree about how assets will be divided if they separate.
Types include:
- Prenuptial Agreement (s 90B)
- Post-nup / during marriage (s 90C)
- Separation Agreement (s 90D)
- De facto agreements (s 90UB/UC/UD)
BFAs can cover:
- property division
- inheritances
- businesses
- superannuation
- spousal maintenance
- debt allocation
Internal links:
Binding Financial Agreement (Mega Guide)
Prenup Australia
Cohabitation Agreement
De Facto Agreement
Separation Agreement
Consent Orders (Property & Parenting)
Consent Orders formalise an agreement reached between the parties and have the same effect as court orders made by a judge.
Consent Orders are used for:
- property settlement
- super splitting
- parenting arrangements
They do not require court attendance and are usually approved within 4–8 weeks.
Parenting Arrangements
Parenting matters cover:
- child living arrangements
- communication schedules
- decision-making for schooling, medical treatment and major events
- overseas travel permissions
- safety concerns and risk assessments
Australian family law prioritises the best interests of the child, including:
- safety
- meaningful relationships with both parents
- stability
- protection from harm
- the child’s views (age-appropriate)
Internal link (coming next):
Parenting Arrangements & Parenting Plans
De Facto Relationship Rights
De facto couples have almost identical rights to married couples.
You are de facto if:
- you lived together for 2+ years, OR
- you have a child, OR
- significant contributions were made, OR
- your relationship is legally registered
De facto couples can enter:
- Cohabitation Agreements
- De Facto Financial Agreements
- Separation Agreements
Spousal Maintenance
Spousal maintenance may apply if one partner:
- has a genuine financial need, AND
- the other has the ability to pay
Maintenance can be:
- lump sum
- periodic
- short-term
- waived entirely in a BFA
Family Violence & Safety Framework
Family violence significantly affects:
- parenting arrangements
- property settlement contributions
- spousal maintenance assessments
- court decision-making
Evidence can include police reports, protection orders (DVOs), medical notes and witness statements.
Mediation & Dispute Resolution
Most family law disputes must attempt mediation before court proceedings.
Benefits:
- quicker than court
- cheaper
- confidential
- parties remain in control of outcome
Parenting matters require a Section 60I Certificate before filing in court (unless exempt due to urgency or family violence).
Time Limits in Family Law
- Married couples: 12 months after divorce to start property proceedings
- De facto couples: 2 years after separation
- Child support: varies depending on assessments and agreements
Why Choose Adams United Lawyers?
✔ National full-service family law firm
✔ 27+ years’ experience
✔ Fixed-fee pricing (no hourly billing)
✔ Specialists in BFAs, consent orders and property settlement
✔ Court-grade drafting
✔ Fast turnaround (72 hours standard)
✔ Trauma-informed approach
✔ Clear communication and practical solutions
Speak to a Family Law Specialist
If you need advice on any aspect of family law, our team is here to help.
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
Frequently Asked Questions — Family Law in Australia
Do I need a lawyer for family law?
Not legally — but outcomes are safer and faster with proper legal support.
Does family law apply in every state?
Yes. Family law is federal, so we act nationally.
What is the most common way to finalise property settlement?
Through Consent Orders or a Binding Financial Agreement.
Can family law matters be resolved without going to court?
Yes — most are resolved through negotiation and mediation.
Are de facto couples treated the same as married couples?
Yes — almost identical rights.
Can Superannuation be split?
Yes — using a Superannuation Splitting Order.
Are Parenting Plans enforceable?
No — only Consent Orders are enforceable
ADAMS UNITED LAWYERS
Est 2007 – Australia-wide service
