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Family law and the courts

If you cannot agree with your ex-partner 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.

The steps in the process are designed to help you come to an agreement or, if it is necessary, to prepare your case for final hearing. It may take a long time for your case to get to a final hearing. It can be expensive and stressful, so get help.

Which court you go to depends on what the dispute is about, the cost, where you live and what services are available. See 'Choosing a court'.

Each court has its own set of rules and procedures. There are rules about important steps and many have time limits. See ‘Following 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 violence intervention orders’ (link below).

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.

    Also get legal advice if you’re in a de facto relationship, and you separated before 1 March 2009, as you have different legal rights to property settlement and maintenance – see 'De facto and same-sex relationships' (link below).

    More information

    De facto and same-sex relationships

    Family violence intervention orders

    Registering and changing names

    Wills and relationships

    Related publications

    You and family law: a short guide

    How we can help

    Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

    Our other free legal services include:

    • advice at our offices and other locations across Victoria
    • lawyers who are on ‘duty’ to help at many courts and tribunals.

    For some family law matters we can provide you with a lawyer to help you run your case.

    To find out more about any of our legal services see What we do.