Family law in Australia is federal law, administered through the Federal Circuit and Family Court of Australia (FCFCOA), which has a registry in Adelaide. Wherever your matter is heard, having local support who understands both the national process and the services available to South Australians makes a genuine difference.
Where to start
Separating or divorcing
Divorce is a formal, largely administrative process once you have been separated for the required period. See Divorce & Separation for how it works and what it does, and does not, resolve.
Parenting arrangements
Decisions about children are assessed separately from property, and generally require attempting family dispute resolution before going to court. See Parenting Arrangements & Child Custody.
Resolving matters without court
Most parenting disputes require an attempt at family dispute resolution before a court application can be filed, and financial matters carry a similar expectation that genuine steps are taken to resolve things first. See Family Dispute Resolution.
Dividing property
Property settlement can proceed before or after divorce, and follows a structured process for identifying, valuing and dividing assets. See Property Settlement Lawyers.
Ongoing financial support
Separate from a one-off property settlement, ongoing support can involve child support and, in some cases, spousal maintenance. See Child Support Advice and Spousal Maintenance.
Formalising an agreement
Couples who reach their own agreement can formalise it through consent orders or a binding financial agreement. See Binding Financial Agreements.
Local support alongside legal advice
South Australians have access to local services that can work alongside legal advice, including Relationships Australia SA’s Family Relationship Centres, which provide family dispute resolution, and the Legal Services Commission of SA’s family law conference and child support advice services. We can help you understand where these services fit alongside formal legal steps.
Frequently asked questions
Do I need to finalise property settlement before I can divorce?
No, these are separate processes. Property settlement can be dealt with before or after a divorce is finalised, though time limits apply once a divorce order takes effect.
Is family law different in South Australia?
Family law itself is federal and applies the same way across Australia. What differs locally is where your matter is filed and heard, and which local support services are available to you.
What happens if we were never married?
De facto couples are generally covered by the same federal family law framework as married couples, including for property settlement and parenting matters, subject to some differences in eligibility and time limits.
Where do I start if I am not sure what I need?
Tell us what has happened and what you are trying to achieve. We can help you identify which parts of your situation need attention first, and in what order.
Contact WPI Lawyers to discuss your family law matter.