While both divorce and annulment end a marriage, they do so in different ways. A divorce is the legal dissolution of a valid marriage, whereas an annulment is a court order declaring that a marriage is null and void from its inception.

How does a divorce work?
A divorce legally terminates a marriage on the grounds of a “no-fault” divorce system in Australia. This is where courts do not consider why a marriage has ended and you only need to prove that the marriage has broken down irretrievably (evidenced by 12 months of separation). This results in both parties being free to remarry and legal orders for property and children are made.

How does an annulment work?

An annulment (or decree of nullity) declares a marriage void, treating it as if it never legally existed, and is often used to bypass the 12 month separation requirement for divorce. An annulment granted by a religious institution has no effect on civil law and does not legally end a marriage, and children born of an annulled marriage are still considered legitimate

Key differences:

The key differences between divorce and annulment include validity, time requirement and legal standing.

When is an annulment possible?

An annulment is only granted on specific, narrow grounds. This can include:

 

Parenting orders are a key aspect of Australian family law, providing legally binding arrangements for children after their parents separate. This article offers a concise overview of what parenting orders are, how they are determined, and what parents should consider during this process.

What Are Parenting Orders?
Parenting orders are court-issued directions about the care, welfare, and development of children. They can address:
• Who the child lives with
• Time spent with each parent or significant person
• Allocation of parental responsibility (decision-making)
• Other aspects of the child’s upbringing

Types of Parenting Orders
Parenting orders may be:
• Consent Orders: Made when both parties agree and approved by the court.
• Interim Orders: Temporary arrangements until a final decision is made.
• Final Orders: Long-term arrangements lasting until the child turns 18 or the
order is changed.

Best Interests of the Child

The court’s primary concern is the child’s best interests. Key considerations include:
• The benefit of a meaningful relationship with both parents
• Protection from harm, abuse, or family violence
Other factors may include the child’s views, relationships, and each parent’s ability to
meet the child’s needs.Parenting orders are designed to protect children’s welfare and ensure stablearrangements after separation. The law prioritises the child’s best interests, focusing on
meaningful relationships and safety. Understanding the basics of parenting orders can help parents navigate family law matters more confidently.

Grandparents often play a central role in a child’s life, providing emotional support, stability, cultural connection, practical care and, in some cases, full-time parenting. When family relationships break down—whether through separation, estrangement, death, family violence, substance misuse or child protection concerns—grandparents may wish to know whether they have enforceable legal rights to see or care for their grandchildren.

The short answer is that Australian family law does not give grandparents an automatic right to spend time with their grandchildren. However, grandparents are expressly recognised as people who may apply to the Federal Circuit and Family Court of Australia for parenting orders concerning a child.

No Automatic Right but Clear Standing to Apply

The legal decision is in the best interests of the child, not the adult and their rights. The court is not concerned with whether it is “fair” for a grandparent to be excluded from a child’s life. Instead, the court will determine what arrangements will be best for the child.

The people who may apply for parenting orders includes parents, the child, grandparents and any other person who is concerned about the safety, care, wellbeing or development of the child. The 2023 reforms changed the test for deciding what orders are in a child’s best interests, but they did not take away the ability for grandparents to bring in an application. However, it is not certain that the court will act. Grandparents are given the opportunity to ask the court to make orders, but the court will make the final decision about the matter according to the child’s best interests.

Types of Orders that Grandparents May Seek

A grandparent may apply for parenting orders dealing with a range of matter, including:

Generally, grandparents will seek “spend time with” orders after one parent has restricted contact following separation. In more serious cases, grandparents may seek that the child live with them, particularly when the parents are unable to provide safe and stable care due to violence, neglect, abuse, mental health issues, incarceration, death of abandonment.

Best Interests of the Child:

The biggest consideration in all parenting proceedings is the best interests of the child. Relevant considerations include what arrangements will promote the safety of the child and the child’s carers; the child’s views; the child’s developmental, psychological, emotional and cultural needs; the capacity of proposed carers to meet those needs; and the benefit to the child of having relationships with parents and other significant people, where it is safe to do so.

Grandparents will often rely on evidence showing that they are significant to the child, that their relationship has been beneficial and that continued contact will promote the child’s emotional stability, identity and sense of family connection. If a grandparent has previously provided regular care (such as school pickups, overnight stays, holiday care, financial support or day to day parenting), that history may be important to guide the court’s decision.

However, the court will also assess whether the contact with grandparents exposes the child to conflict, pressure, denigration of a parent, family violence, unsafe behaviour or emotional harm. The existence of a biological relationship alone is not sufficient.

Grandparents as Primary Carers

Grandparents who care for grandchildren informally may face difficulties with schools, medical consent, passports, agencies and financial support. A parenting plan records arrangements but is not enforceable, while consent orders are. If agreement fails, grandparents may seek parenting orders. The court considers the child’s best interests, stability, safety and caregiving capacity.

Family Dispute Resolution Before Court

Before commencing parenting proceedings, grandparents are generally required to attempt family dispute resolution and obtain a s 60I certificate, unless an exemption applies, such as urgency, family violence or child abuse concerns. If agreement is reached, arrangements may be recorded in a parenting plan or, for enforceability, filed as consent orders. If agreement cannot be reached, grandparents may apply to the Federal Circuit and Family Court of Australia for parenting orders.

Evidence That May Assist a Grandparent’s Application

In any application, the key issue is the child’s best interests. Relevant evidence may include the history of the grandparent-grandchild relationship, the grandparent’s past caregiving role, the child’s attachment to the grandparent, proposed practical arrangements, safety concerns, and the grandparent’s capacity to meet the child’s needs.

Conclusion

Grandparents do not have automatic rights to see or care for grandchildren, but they are expressly entitled to apply for parenting orders. Orders may be made where they promote the child’s safety, welfare, stability and development.

Divorce can often have a significant impact on business owners as their business and personal life are often connected. In Australia, property settlements regarding family law are regulated by the Family Law Act 1975, applying to married, de facto and same sex couples. The process generally involves 4 steps including:

  1. Identify Property and Liabilities Pools: which determines all property, regardless of ownership including all assets, liabilities, financial resources and superannuation. If both parties dispute over asset values, expert valuation may be required to determine the values.
  2. Assess Contributions: which determines both parties financial and non-financial efforts of contribution to the relationship as a percentage, including contributions made by third parties (such as parents) on behalf of one of the parties
  3. Future Needs: compares the parties’ current and future financial circumstances to determine whether there should be an adjustment in favour of one party against the other
  4. Fair and Equitable: where the court will not accept a settlement of the parties if they believe that it is not fair and equitable and one party may have an advantage over the other.

One reason that divorce can be tricky when owning a business if that the business may fall under the category of the property pool.  To minimise the interruption or loss, the business should be planned with the assistance of a professional.

Some things to consider to protect your business includes a trust, prenup, buy sell agreements and record keeping all financial records.

A trust is a legal arrangement for one party to manage assets for the benefit of another, which provides control and protection. Trusts (if properly created and managed) have the potential to assist in protecting assets in specific circumstances, but there is no guarantee.

A prenup is a legal contract between spouses to determine the division of assets in the event of a divorce. The agreement can help to provide clarity surrounding the business operations if a relationship breaks down by determining who will run the business.

Buy-sell agreements deal with a range of matters that are governing the relationship between the business owners. The agreements will usually include provisions that will set out what will happen if a specified event occur (such as the divorce of a partner)

Record keeping financial records is an important step in helping protect your interests in a family law situation. By recording financial and non-financial contributions to the business, it can help to determine each party’s interests if there is a negotiation about property settlement.

Protecting a business during a divorce is important as it is a representation of the years of hard work, time, dedication and investment that has been put in. For many business owners, their business is not only one of their most valuable assets but also their main source of income. By properly protecting your business from the start, you can secure your personal wealth, prevent forced sales during a settlement, ensuring the future of your business and its success.

Dividing the business during property settlement can also lead to numerous challenges. The main disagreement during property settlement is the valuation of the business and how much it is worth. This dispute can lead to costly court battles to determine the value. To prevent this, a neutral, joint business valuator that is certified by the Australian Valuers Institute or Business Valuers Network is hired. When settling, business owner rarely has spare liquid cash in the company to pay out a spouse and withdrawing too much cash from the business can often ruin the business operations. Instead, owners solve this problem by either paying their spouse in installments or trading the spouse the family home for their share of the business. Another dispute to determine is which spouse gets ownership of the business. Generally, one spouse will be granted full ownership and buy out the other. However, if this is not possible for the business, the courts may force the business to go on sale and divide the profits.

In summary, owning a business is difficult but losing that business due to family law matters can be even more challenging. Generally, property settlement laws follow the process of determining the property pool, assessing contributions from each spouse, determining the future needs and deciding if the final settlement is fair and equitable to both parties. To prevent the business from being part of the property pool, business owners should seek professional advice on how to protect the business from the start to prevent the risk of losing it, having to sell or give full ownership to the other spouse. By taking the right measures, business owners will still have a successful business despite personal family issues.

What’s expert evidence?

Expert evidence is a testimony given provided by a qualified specialist to assist the court in understanding matters beyond the ordinary knowledge of a jury. It is opinion evidence where the person giving the testimony can have specialized knowledge, training, qualifications, or experience relevant to a matter in dispute in legal proceedings.

The duty of the expert is to provide relevant and impartial evidence in his or her area of expertise. An expert should never mislead the Court or become an advocate for the cause of the party that has retained the expert. Expert evidence can be overwritten even if it is relevant to the case if the evidence is being unfairly prejudicial, misleading or result in an unnecessary waste of time. It is not a requirement in each case for expert evidence to be obtained, however it is uncommon for there to be no expert evidence during a case. In property proceedings if all parties can agree on the value of assets then there may not be a need for the appointment of an expert.

 

How is it used in family law proceedings?

Expert evidence is commonly seen in family law in the following circumstances:

  1. For a valuer to give the value of a house or asset in property proceedings
  2. For a child psychologist to give their opinion on the most appropriate care arrangements for a child in parenting proceedings
  3. For a psychiatrist to conduct an assessment and offer an opinion including a diagnosis as to the mental health and recommended treatment of one or more parties involved in parenting proceedings.

Other specialists that can give expert evidence include social workers and medical specialists

These types of experts may prepare a report pursuant to an order of the Court, usually because of the expert having been nominated by one or both parties (or their legal representatives). In some matters, the parties agree to engage an expert to prepare a report without an order of the Court. Reports prepared by these types of experts are generally funded by one or both of the parties.  The Court is not bound by the opinion or recommendations given by an Expert in Court proceedings. The Court can use its discretion in order to determine whether to rely on the opinion of an Expert, either in whole or in part.

 

Types of experts?

A Single Expert, being an expert in the Court proceedings, can be appointed either by the Court or by parties to proceedings. One of the purposes of the Federal Circuit and Family Court of Australia Rules is to encourage parties to only obtain expert evidence in relation to a relevant and significant issue in dispute, to limit the costs of parties, and also to limit the risk to parties regularly obtaining expert evidence, or to “expert shop” if they do not accept the expert evidence they have obtained.

Adversarial experts are appointed by individual parties to support their case. They are hired to provide their expert evidence that helps the appointing parties position and may give information that challenges or helps the evidence that the joint expert has given. However, they are still bound by the Expert Witness Code of Conduct which means that they can’t make their evidence too biased. The court can allow the use of adversarial experts if the situation is extremely difficult to understand or if the evidence given from the single expert was not enough.

Shadow experts are engaged by a party to look over the joint expert’s opinion and to help prepare the party for their case. They only advise and do not provide evidence unless the court says to. They are often hired to help the legal team understand technical issues, prepare cross-examination questions and evaluate the points of single or adversarial experts. Shadow experts do not need court permissions to be used, and their work remains confidential and is not treated as evidence unless specifically authorized.

The main differences between these types of experts are their purpose, method of appointment, duties and role in proceedings.

In this family law matter, the Full Court dismissed a mother’s appeal against temporary (interlocutory) parenting orders. These orders changed the living arrangements for a four-year-old child, moving the child’s residence from the mother to the father, and giving the father sole authority to make long-term decisions for the child. The mother’s appeal was ultimately dismissed after she failed to attend the appeal hearing, following the Court’s refusal to allow her to appear electronically at the last minute.

This case is a useful example for anyone involved in family law proceedings, as it highlights the importance of following court procedures, respecting deadlines, and understanding what procedural fairness really means in practice.

This decision is a clear illustration of how strictly courts manage appeals, particularly in family law. The Court refused to accept a bundle of documents the mother tried to file on the morning of the hearing, including new appeal materials and an affidavit, because they were submitted far too late. The Court stressed that both the father and the Independent Children’s Lawyer had a right to know in advance what case they would need to respond to, and to have a fair chance to be heard.

The Court’s approach in this case sends a strong message: parties cannot expect to change their case or introduce new evidence at the last minute without a very good reason. The rules and timetables set by the Court are there to ensure that everyone has a fair opportunity to prepare and respond.

Adjournments and Late Applications

At the first hearing, the mother asked for the matter to be postponed (an adjournment) on medical grounds. The judge refused, noting that she was able to make lengthy and articulate oral submissions, which suggested she was capable of continuing with the case. This shows that the Court will look closely at the reasons given for an adjournment and will not grant one unless there is clear and convincing evidence that it is necessary.

On appeal, the mother asked to attend the hearing by phone or video (to appear electronically), but she made this request only shortly before the hearing. The Court refused because the request was made too late, not following the rules that such applications must be made well in advance. The reasons given were not convincing and relied on outdated medical evidence. The other parties were not properly informed about her request.

The Court’s refusal to grant these requests highlights the importance of planning ahead and communicating clearly with the Court and all other parties involved.

Procedural Fairness

The Court made it clear that procedural fairness is not just about accommodating someone who is late or struggling with the rules. The father and the Independent Children’s Lawyer also had a right to know what arguments and evidence they would face, and to have time to respond. Even though the Court considered the mother’s late request privately (in chambers), it decided that allowing her to add new material at the last minute would be unfair to the others.

Importantly, the Court also pointed out that, even if the mother had followed the rules, her appeal did not have a strong chance of success. This means the dismissal was not just because of missed deadlines or procedural mistakes, but also because the appeal itself lacked substance.

Procedural fairness is about ensuring that all parties have a fair chance to present their case and respond to the other side. It is not about giving special treatment to someone who has not followed the rules, especially if it would disadvantage others.

 

 

Family law disputes often arise during some of the most stressful periods of a person’s life. Issues relating to divorce, child custody, family violence matters and property settlements can trigger or worsen mental health challenges. Stress caused by these factors can be worsened by the intimidating nature of legal procedures, and thus it is extremely important to consider mental health matters in Family Law. Consequently, lawyers increasingly need to employ traumatically informed approaches to client care.

This form of client support approach includes:

Given the importance of including such steps when supporting legal clients through mental health issues, increased training and flexibility for legal professionals regarding how to deal with such issues may yield positive outcomes for clients.

Further, it is important for solicitors to note that in most cases, mental health challenges such as depression, anxiety or bipolar disorder are manageable through treatment programs, consultations with doctors, taking medications and other interventions. At this stage, such challenges will not significantly influence the outcomes of family court decisions, such as in relation to child custody and parenting orders. It is only when such issues approach an unmanageable and high level that they may adversely influence legal outcomes such as limiting parenting rights.

When parents separate, a proposed move to a new town, interstate, or overseas can
quickly become a legal flashpoint, particularly where the move affects the other
parent’s time with the children. In Australia, there is no separate “relocation order” in
the Family Law Act 1975 (Cth). Instead, relocation disputes are determined under the
same principles that govern parenting matters, with the child’s best interests as the
paramount consideration.

When consent is needed
If parenting arrangements are informal, a parent may believe they can simply move. In
practice, relocation that makes it difficult or impossible for the other parent to spend
time with the child often leads to urgent court applications. If there are existing
parenting orders, moving in a way that undermines those orders may expose a parent to
contravention proceedings. Even where orders are silent about travel or residence, a
significant move can still trigger a dispute requiring legal resolution.

How courts approach relocation
Courts do not “grant permission” to relocate in the abstract; they assess which
parenting orders best promote the child’s best interests considering the proposed
move. Relocation cases often come down to competing proposals: one parent’s plan to move
with the child versus the other parent’s proposal that the child remain living nearby.

Practical steps for parents
Before relocating, parents should try to agree on a written parenting plan or seek
consent orders. A clear proposal could cover schooling, housing, childcare, support
networks, travel arrangements, and practical phone/video contact. If you cannot reach
agreement, get legal advice early especially if timeframes make the matter urgent.

Key takeaway
Relocation disputes are rarely simple, and outcomes are highly fact specific. Parents
who plan, focus on the child’s needs, and present workable arrangements for ongoing
time with the other parent place themselves in the best position to resolve the dispute—
by agreement where possible, or through court orders where necessary.

Why They Matter and What Happens If You Don’t Comply

Disclosure obligations are a cornerstone of family law proceedings in Australia. Whether you are negotiating a property settlement, seeking spousal maintenance, or resolving parenting arrangements, the law requires all parties to be open and transparent about their circumstances.

In family law, “disclosure” refers to the duty of each party to provide full and frank information relevant to the issues in dispute. This obligation is not limited to financial matters but extends to any information that could affect the outcome of the case. The duty is ongoing and continues until the matter is finalised.

The duty of disclosure is set out in the Family Law Rules 2004 (Cth), with Rule 6.06 being particularly important. Rule 6.06 requires each party to a financial case to provide to the other party all information relevant to an issue in the case, in a timely manner. This includes, but is not limited to, documents about income, expenses, assets, liabilities, and any other financial resources.

The obligation is not just to disclose documents that are requested, but to proactively provide all relevant information, even if it is not specifically asked for. The Rules make it clear that parties must not withhold information that could affect the outcome of the proceedings.

Why Is Disclosure Required?

The purpose of disclosure is to ensure that all parties, and the court, have a complete and accurate understanding of the relevant facts. This is essential for:

Without full and frank disclosure, the court cannot properly assess the circumstances of the parties, and there is a risk that one party may be unfairly disadvantaged.

 

For Financial Matters:

For Parenting Matters:

Other Relevant Information:

 It is important to understand that disclosure is not a one-off event. The obligation continues throughout the proceedings. If your financial situation changes, or if you discover new information, you must disclose this to the other party and the court as soon as possible.

Consequences of Failing to Comply

Failing to comply with your disclosure obligations is a serious breach of the law. The consequences can include:

 Full and frank disclosure is not just a procedural requirement, it is a legal obligation under the Family Law Rules 2004 (Cth), especially Rule 6.06. Complying with your disclosure duties ensures fairness, transparency, and efficiency in family law proceedings. Failing to do so can have serious and lasting consequences for your case. If in doubt, seek legal advice early and be proactive in meeting your obligations.

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