Under Australian family law, if separating couples cannot agree on property settlement or parenting arrangements, the Family Law Act 1975 (Cth) provides a legal framework to resolve disputes. The Federal Circuit and Family Court of Australia (FCFCOA) encourages negotiation and mediation before taking matters to court.

Steps to Resolve Property and Child Disputes

If you and your ex-partner cannot reach an agreement, you can follow these steps:

Step 1: Negotiation and Mediation

🔹 Direct Negotiation – You can try to settle property division or parenting arrangements informally.
🔹 Family Dispute Resolution (FDR) – Mediation is mandatory for parenting matters unless there are exceptional circumstances (e.g., family violence).
🔹 Private Mediation – For property disputes, mediation can help reach a financial settlement.

💡 If an agreement is reached, you can make it legally binding through Consent Orders.

What Happens If Property Disputes Cannot Be Resolved?

If negotiation and mediation fail, you may need to apply to the FCFCOA for financial orders to divide property and assets.

How Does the Court Decide Property Settlements?

Under Section 79 (married couples) and Section 90SM (de facto couples) of the Family Law Act 1975, the court follows these steps:

1️⃣ Identify and value all assets and liabilities – including property, superannuation, businesses, debts, and investments.
2️⃣ Assess contributions – financial and non-financial contributions from both partners (e.g., homemaking, parenting).
3️⃣ Consider future needs – health, income disparity, caregiving responsibilities.
4️⃣ Ensure a just and equitable outcome – The court ensures fairness, not necessarily a 50/50 split.

⏳ Time Limits for Property Applications:

• Married couples: Must apply within 12 months of divorce.
• De facto couples: Must apply within 2 years of separation.

💡 If you miss the deadline, you need special permission from the court to proceed.

What Happens If Parenting Disputes Cannot Be Resolved?

If parents cannot agree on child arrangements, they must attempt Family Dispute Resolution (FDR) before applying to court. If mediation fails, the next step is seeking Parenting Orders from the court.

How Does the Court Decide Parenting Orders?

The court considers the best interests of the child, as outlined in Section 60CC of the Family Law Act 1975. Key factors include:

✅ The benefit of the child having a meaningful relationship with both parents.
✅ The need to protect the child from harm, abuse, or neglect.
✅ Each parent’s ability to care for and provide for the child.
✅ The child’s views (depending on their age and maturity).
✅ Parental cooperation and ability to co-parent.

Types of Parenting Orders the Court Can Make

• Live With Orders – Determines which parent the child lives with.
• Spend Time With Orders – Sets out the time the other parent will have with the child.
• Parental Responsibility Orders – Allocates decision-making responsibilities for the child’s education, health, and religion.

💡 Equal shared parental responsibility does not automatically mean equal time. The court determines arrangements based on practicality and the child’s best interests.

Can the Court Force a Settlement or Parenting Arrangement?

Yes, if mediation fails, the court will make legally binding orders regarding:
🔹 Division of property, assets, and debts.
🔹 Parental responsibility and time with children.

🚨 Non-compliance with court orders can result in serious consequences, including fines, changes to parenting arrangements, or even jail time in extreme cases.

Key Takeaways

✔️ Mediation is required before going to court for parenting matters (except in special circumstances).
✔️ Property disputes are resolved based on fairness, considering contributions and future needs.
✔️ The court prioritises the child’s best interests when determining custody and parenting orders.
✔️ Time limits apply for property settlement applications after separation.
✔️ Court intervention is a last resort, and parties are encouraged to negotiate and settle out of court if possible.