Parenting, property, maintenance and child support
The law deals with divorce separately to parenting, property, maintenance and child support.
Even if you and your spouse agree to a divorce, you may still need to make arrangements for parenting, property, maintenance and child support.
This section covers:
Parenting
When you and your spouse separate, you will need to decide what arrangements need to be made for your child.
If possible, you should try to reach an agreement with your spouse. If you need help to reach an agreement, you can try Family Dispute Resolution (FDR).
FDR is mediation that helps parents reach an agreement about the arrangements for their child.
For more information, see
Family mediation and dispute resolution on the Family Relationships Online website.
If you and your spouse are not able to reach an agreement about arrangements for your child, or you are considering applying for Parenting Orders, you should get legal advice.
Time limits
You can apply for Parenting Orders up until your child reaches 18 years old.
If you want to appeal a decision about a parenting matter, you have 28 days to file an appeal.
For more information about parenting, see:
Property
If you have separated from your spouse, you may have property (for example car, household contents, bank accounts, superannuation) and debts that you need to divide.
For more information about property, see:
Before you agree to divide the property, you should get legal advice.
Time limits
There are time limits to apply for Property Orders after you get divorced.
You have 12 months from the date your Divorce Order is finalised to apply to the court for Property Orders.
Before you apply for Property Orders, you should get legal advice.
If you were in a de facto relationship, you have two years from the date of separation to apply for Property Orders.
If you want to appeal a decision about a property matter, you have 28 days to file an appeal.
If it has been more than 28 days, you should get legal advice immediately. It may be possible to appeal a Property Order after 28 days, in limited situations.
Maintenance
Maintenance is financial support a person pays to their spouse when their spouse can’t support themselves.
This is different to child support.
The duty to provide financial support can continue even after divorce.
For more information about maintenance, see:
Before you apply for Maintenance Orders, you should get legal advice.
Time limits
There are time limits to apply for Maintenance Orders.
You have 12 months from the date your Divorce Order is finalised to apply to the court for Maintenance Orders.
If you were in a de facto relationship, you have two years from the date of separation to apply for Maintenance Orders.
If you want to appeal a decision about a maintenance matter, you have 28 days to file an appeal.
Child support
Child support is money paid by one spouse to another spouse to support the care of a child.
Both parents are responsible for financially supporting their child.
If you have recently separated from your spouse and you have a child together, you may be eligible for child support.
For more information about child support, see: