A written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person (such as a lawyer or Justice of the Peace) by way of swearing on the Bible or attesting to the truth of the contents of the statement.

A Binding Financial Agreement allows a couple to agree in advance on an acceptable division of assets which can allow for the couple to amicably separate or divorce without court action. They can be entered into before the commencement of marriage or a de facto relationship, at any point during the relationship or marriage or after separation.

An agreement between the parties that is approved by the court and then becomes a court order.

The date and time when a case is scheduled to come before the court.

The actions the parties or a party must do to carry out a decision made by a court. An order may be either interlocutory or final.

A relationship between two persons who are not legally married to each other; and not related by family and having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis. A de facto relationship can exist between two persons of different sexes and between two persons of the same sex.

A general term for the process of sorting out conflicts without going to court.

The ending of a marriage by a court order. An application must be lodged with the Federal Circuit Court.

An order made by a court that ends a marriage.

Means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful. A child is exposed to family violence if the child sees or hears family violence or is otherwise exposed to family violence.

An order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence.

The law in Australia which covers family law matters.

Comprises Divisions 1 and 2 of the Federal Circuit and Family Court of Australia (formerly the Family Court of Australia and the Federal Circuit Court of Australia respectively.

A private agreement to opt out of the jurisdiction of the Family Law Courts to deal with property and spousal maintenance. In relation to a marriage, or a de facto relationship, means an agreement that is recognised as a financial agreement under the respective sections of the Family Law Act.

An order made by a court to bring a case to a close.

The Marriage Act (Cth) 1961 defines a marriage as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”.

Mediation is a voluntary and confidential process in which a neutral third-party facilitator (the mediator) helps people discuss difficult issues and negotiate an agreement. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. A mediator may or may not be a lawyer.

A written agreement between the parties setting out parenting arrangements for children. It is not approved by or filed with a court.

Anything that is owned or can be owned, such as real property, land, automobiles, money, shares, etc.

A legal instruction by a court directing a person not to harm or harass a particular individual.

When parties to a marriage separate but continue to live in the same home. It may be for a few days, weeks, months or years following separation.

An agreement of all terms reached through negotiation by parties involved in a legal dispute. The parties must then enter into consent orders or terms of settlements which reflect the agreement.

Applying for divorce by yourself.

Applying for divorce together with the other party.

Means a lawyer appointed by a Family Law Court to represent the interests of a child and to form an independent view of the child’s best interests, and to present those views to the court.