Family law and the courts

If you are unable to come to an agreement or if your case is not suitable for family dispute resolution, you may need to go to court. There are many steps in the process to help you come to an agreement or, if necessary, to prepare your case for final hearing. It can be time consuming, expensive and stressful, so get help.

If you cannot agree or if your case is not suitable for family dispute resolution, you may need to go to court to decide on matters such as parenting orders and division of property. See Court orders.

Which court you go to depends on what the dispute is about, the cost, where you live and what services are available. See Which court? and Lawyers, costs and legal aid.

Each court has its own set of rules and procedures and many have time limits. See Following the court rules.

State and territory laws, rather than Commonwealth family law, cover issues like wills, changing names by agreement, and victims of crime compensation, whether you were married or have children. Family violence is also covered by state and territory laws. See Family and domestic violence.

Get legal advice

It is a good idea to speak to a lawyer experienced in family law before making any important decisions, such as:

• signing any documents
• agreeing to a consent order
• going to court.

If you’re in a de facto relationship, and you separated before 1 March 2009, you have different legal rights to property settlement and maintenance. See De facto and same-sex relationships and get legal advice.

Family law duty lawyer

There is a free family law duty lawyer in the Brisbane, Cairns and Townsville Family and Federal Magistrates Courts. The service also visits other Queensland towns to coincide with the Family Court and Federal Magistrates Court's circuit dates. See Family law duty lawyer.