Subscribe to stay Informed
Call us now 1300 043 103
Facebook Instagram Linkedin

Family Law

Move forward with confidence.

Navigating family matters with care and compassion, we provide clear, practical advice to help you move forward with confidence.

Divorce

Divorce is the legal end of a marriage. While the emotional side can be complex, the legal process is usually straightforward — especially with the right guidance.

Talk to us today

At TBA, we help take the stress out of divorce by ensuring the process is handled properly, efficiently, and with care.

Australia has a “no-fault” divorce system. This means the only ground for divorce is that the marriage has broken down irretrievably, shown by 12 months of separation.

You can apply for divorce if:

  • You’ve been separated for at least 12 months (you can still be living under one roof during separation)
  • You or your former spouse are an Australian citizen, live in Australia, or consider Australia your permanent home
  • If you’ve been married less than two years, you’ll also need to attend counselling or seek permission from the court to apply
  1. Prepare the Application – You can apply on your own or jointly with your ex. We’ll help you complete and file the application online through the Federal Circuit and Family Court of Australia.
  2. Serve the Application (if required) – If it’s a sole application, the other party must be served with the documents.
  3. Attend the Hearing (sometimes) – Most applications don’t require a court appearance, unless there are children under 18 or issues with service.
  4. Divorce Order Issued – If the court is satisfied, it will grant the divorce, which becomes final one month and one day later.

It’s important to know that a divorce doesn’t sort out property settlements or parenting arrangements. These are separate matters, and we strongly recommend resolving them sooner rather than later. You only have 12 months after a divorce is final to apply to the court for property or spousal maintenance, unless special permission is given.

Property Settlements

When a relationship ends, sorting out the division of property, assets, and debts can feel overwhelming. We’re here to help make that process clear, fair, and legally secure.

Talk to us today

At TBA, we guide individuals through property settlements with practical and commercial advice, a focus on resolution, and a strong understanding of what matters most — protecting your financial future.

A property settlement is the legal process of dividing assets and liabilities after the breakdown of a marriage or de facto relationship. It includes everything from the family home to superannuation, savings, investments, businesses, personal property, and debts.

There’s no set formula. Instead, there is a 4-step process the court uses (and we use) in negotiations:

  1. Identify and value the property pool – All assets and liabilities, regardless of who owns them or when they were acquired
  2. Assess contributions – Both financial (like income and assets) and non-financial (like homemaking and parenting)
  3. Consider future needs – Factors like age, health, care of children, and income-earning capacity
  4. Ensure the outcome is just and equitable

No. Most property settlements are resolved through negotiation, mediation, or collaborative processes. We aim to settle matters efficiently and amicably where possible. Once agreement is reached, we can formalise it by:

  • Consent Orders (filed with the court and legally binding)
  • Binding Financial Agreements (a private contract, requiring independent legal advice)
  • If you were married, you must apply for a property settlement within 12 months of your divorce being final
  • If you were in a de facto relationship, you must apply within 2 years of separation.

 

The time limit relates to your ability to commence proceedings before a Court for property settlement, it does not mean that your property matter must be resolved within this time and certainly, if the time period is up, it does not preclude you and your ex-spouse agreeing to proceed with a property settlement, it is the ability to ask the Court to make a determination for you that is restricted once the time frame passes.

Consent Orders

Consent Orders are a practical and legally binding way to formalise parenting arrangements and/or financial settlements after separation or divorce — without the need to go to court.

Talk to us today

At TBA, we guide you through the process of preparing and applying for Consent Orders with clarity and care. Whether you’ve reached an agreement on property, spousal maintenance, or parenting matters, Consent Orders give you certainty and legal protection moving forward.

Consent Orders are written agreements approved by the Federal Circuit and Family Court of Australia (commonly referred to as the ‘Family Court’). Once made, they have the same legal force as if a judge had decided the matter. They’re commonly used to settle:

  • Parenting arrangements (such as where children live, who they spend time with, and how major decisions are made)
  • Property settlements (how assets, liabilities, and superannuation are divided)
  • Spousal maintenance
  1. Reach Agreement – You and your former partner must agree on the terms. We can assist in negotiating fair and practical arrangements.
  2. Prepare Documents – We draft your Consent Orders and the supporting Application, ensuring they meet the court’s requirements.
  3. File with the Court – The documents are filed with the Federal Circuit and Family Court of Australia. There’s no need to attend court.
  4. Court Review – A Registrar will review the proposed Orders to ensure they are just, equitable (for financial matters), and in the best interests of the children (for parenting matters).
  5. Orders Made – Once approved, your Consent Orders are legally binding and enforceable.

Binding Financial Agreements

A Binding Financial Agreement (BFA) is a private, legally binding contract between partners that sets out how property, finances, and spousal maintenance will be dealt with if the relationship ends. Whether you’re starting a relationship, already living together, or separating, a BFA can provide certainty, protect assets, and help avoid future disputes.

Talk to us today

At TBA, we help individuals and couples draft and review Binding Financial Agreements tailored to their unique circumstances — with the care, clarity, and legal precision they deserve.

A BFA can be made at any stage of a relationship:

  • Before marriage or a de facto relationship (commonly known as a ‘prenup’)
  • During the relationship
  • After separation or divorce
  • How property, superannuation, and debts will be divided
  • Spousal maintenance arrangements (whether there will be any, and if so, how much)
  • Financial resources or inheritances
  • Any other financial matters relevant to the relationship
  • Avoid lengthy and costly court proceedings
  • Protect assets or family wealth (particularly in second marriages or blended families)
  • Provide certainty and peace of mind for both parties
  • Tailor the agreement to your personal and financial situation

For a BFA to be legally binding:

  • Both parties must receive independent legal advice from a lawyer
  • The agreement must comply with the Family Law Act 1975
  • Each party must sign the agreement voluntarily and with full understanding of its implications