Key takeaway: The FCFCOA family court process is slow, expensive, and deeply adversarial. A contested property or parenting matter typically takes 18–36 months from filing to trial, with legal costs of $50,000–$200,000+ per party. Most matters ultimately settle before trial — but only after most of those costs have been incurred. Mediation before filing avoids this entirely for the majority of separating couples.
Which Court Handles Family Law?
The Federal Circuit and Family Court of Australia is the national court for family law matters across Australia, except Western Australia. The FCFCOA was created in September 2021 by merging the Family Court of Australia and the Federal Circuit Court of Australia. It has two divisions:
- Division 1 — handles complex matters: cases involving significant financial assets, serious allegations of abuse or violence, and international child abduction.
- Division 2 — handles most family law matters including property settlements, parenting arrangements, and divorce applications.
Western Australia has its own jurisdiction: the Family Court of Western Australia for complex matters and the Federal Circuit Court for simpler ones.
Before You File: Mandatory Pre-Filing Steps
You cannot simply walk into court with a parenting dispute. The Family Law Act 1975 requires parties to take genuine steps to resolve parenting matters before filing — most commonly through family dispute resolution (FDR) with an accredited practitioner. The s60I certificate the practitioner issues after that session is, in most cases, a prerequisite to filing.
Exceptions apply where there is family violence, child abuse risk, or urgency — but these are genuine exceptions, not a way around the requirement. The court takes a dim view of applications that do not reflect genuine pre-filing steps.
For property matters, pre-filing FDR is not legally required, but the court expects parties to have attempted to resolve the matter before filing. Proceeding straight to court without attempting resolution can result in adverse cost orders.
FDR is compulsory before most parenting applications. We issue s60I certificates.
Book a free consultation →Filing an Application
Applications are filed through the Commonwealth Courts Portal. The key documents for a property or parenting application include:
- Initiating Application and supporting affidavit
- Financial Statement (for property matters)
- s60I certificate (for parenting matters, unless exempt)
- Parenting Questionnaire or Notice of Risk (if child safety is relevant)
Filing fees apply (see the current FCFCOA fee schedule). Fee waivers are available for genuine financial hardship.
First Return Date
After filing, the matter is listed for a first return date — typically within 4–8 weeks, depending on the registry and the urgency of the matter. The first return date is a brief administrative listing at which the parties (or their lawyers) appear before a judge or registrar. No evidence is heard. The purpose is to set the matter on a procedural track and make orders for the next steps — typically directions for disclosure, a conciliation conference, or both.
Interim Orders
If the parties cannot agree on interim arrangements — particularly for children — either party can apply for interim orders before the matter is finally determined. Interim hearings are generally short (30–90 minutes) and based on affidavit evidence rather than oral testimony. The court considers urgency and the best interests of the child. Interim orders remain in place until final orders are made, which can mean living under interim orders for 12–36 months.
Interim order disputes are expensive and stressful. Mediation before filing often avoids them entirely.
Speak with our team →Disclosure and Subpoenas
Both parties have a duty of ongoing and full disclosure of all documents relevant to the issues in dispute — see the FCFCOA duty of disclosure requirements. For property matters, this means providing current and historical financial records, tax returns, superannuation statements, business records, and details of all assets and liabilities. Failure to disclose can result in adverse findings, costs orders, and in serious cases, contempt proceedings.
If a party does not voluntarily produce documents, the other party can issue a subpoena to a third party (such as a bank or the ATO) to produce them. Subpoenas add cost and delay.
Conciliation Conference
In most property matters, the court lists a conciliation conference (also called a property conciliation conference or financial dispute resolution) before the matter proceeds to trial. This is an assisted negotiation session conducted by a court registrar or judge. It is confidential and without prejudice.
The majority of property matters settle at or after the conciliation conference — but only after months of disclosure, document production, and legal preparation. By the time most matters reach conciliation, each party has typically already spent $15,000–$40,000 in legal fees.
Trial
If the matter does not settle, it proceeds to trial. Trial preparation involves serving affidavits of all witnesses, preparing exhibits, briefing barristers, and possibly commissioning expert reports (valuations, accountant's reports, family report). Trials are listed months in advance and can last anywhere from one day (simple matters) to several weeks (complex financial and parenting matters). Judgment is typically delivered weeks or months after the conclusion of the trial.
How Much Does the Family Court Cost?
| Stage | Typical legal cost per party |
|---|---|
| Filing and first return date | $3,000–$8,000 |
| Interim hearing | $5,000–$15,000 |
| Disclosure and document production | $5,000–$20,000 |
| Conciliation conference preparation | $5,000–$15,000 |
| Trial preparation and hearing | $30,000–$100,000+ |
| Total (full trial) | $50,000–$200,000+ per party |
These costs come directly from the asset pool being divided. A couple with $800,000 in assets who each spend $80,000 in legal fees have transferred 20% of their shared wealth to lawyers before the court makes a single decision about how to divide it.
A full-day mediation session costs $2,250 per person. The contrast with court speaks for itself.
Book a free consultation →How Long Does the Family Court Process Take in 2026?
| Stage | Typical timeframe from filing |
|---|---|
| First return date | 4–8 weeks |
| Interim hearing (if contested) | 6–16 weeks |
| Disclosure complete | 3–6 months |
| Conciliation conference | 6–12 months |
| Trial listing | 18–36 months |
| Judgment | 20–42 months |
These are indicative figures. Complex matters, contested interim hearings, and contested disclosure disputes all extend timelines. Registry backlogs vary; some registries are significantly slower than others.
Alternatives to Court
The majority of separating couples do not need to go to court. The alternatives are substantially faster, cheaper, and less damaging to the post-separation relationship — which matters particularly when children are involved.
- Mediation — a neutral accredited mediator facilitates negotiation. Most property and parenting matters resolve in one or two sessions. The resulting agreement can be recorded as consent orders.
- Collaborative family law — lawyers on both sides commit not to go to court and work together to reach a negotiated outcome.
- Arbitration — a private adjudicator makes a binding determination, faster than court but with the same finality. Useful where the parties cannot agree but want a faster, private decision.
The Attorney-General's Dept — Family Dispute Resolution has consistently found that the vast majority of separated couples who engage with family dispute resolution reach an agreement without going to court. Mediation is the most cost-effective first step.
Related: How mediation works · Consent orders explained · Mediate or litigate?