Yes, child custody (care and living arrangements) can be 50/50. This could come about if you and your partner agreed on such arrangements, or a decision was made for you by a family law arbitrator (if you participated in arbitration) or by a Judge following a trial.

No, there is no automatic legal presumption that a child’s living arrangements after separation will be 50-50. Academic research indicates that successful 50-50 joint custody arrangements tend to be hallmarked by:

• A good parenting relationship – good communication, little or no conflict, & commitment by the parents to prioritise their child’s needs
• The child being of an appropriate age where they can cope being away from an attachment figure 
• The child’s emotional, intellectual, physical and psychological needs being readily and appropriately met by each parent when in their care
• Parents being encouraging of their child’s relationship with the other parent and extended family members 
• No safety concerns (serious mental health, family violence, substance abuse issues)

Because if you and your partner can’t agree on your child’s custody (care and living) arrangements and you go to Court, a Judge to decide for you. The principles informing appropriate care and living arrangements for a child after separation are founded in child psychology – developmental and attachment theories, and so on.

Joint custody is an outdated term used to describe “shared care”. Shared care describes a parenting arrangement where a child spends the same or a similar number of overnights with each parent.

Services Australia (the Child Support Agency) defines this as care between 35 – 65% of the time.

To give you an example, for you to have shared care, you’d need to have your child overnight at least five nights a fortnight (5/14).

If you had your child for 50% of the time, then you’d have equal shared care. 

The law in Australia says that arrangements for children after separation must be in their best interests. To help inform this determination, there are a range of considerations:

• Arrangements that promote the safety of the child and each person who has care of the child
• Any views expressed by the child
• The child’s developmental, psychological, emotional, and cultural needs
• For parental responsibility, each parent’s capacity to provide for their child’s developmental, psychological, emotional and cultural needs
• The benefit to the child in having a relationship with each parent, and other significant people where safe to do so
• Anything else that is particularly relevant to the child’s circumstances

A Parenting Plan is a legally recognised non-binding agreement setting out matters relating to a child after separation. To be recognised as a Parenting Plan, it must be:

• in writing
• made between the parents of a child
• signed by each parent
• dated
• deals with one or more of the below:
  • a child’s care and living arrangements
  • parental responsibility (decision-making)
  • child support matters
  • the process for resolving disagreement about the terms or operation of the Parenting Plan
  • the process for changing the Parenting Plan to taking into account the child’s changing needs or circumstances
  • any other aspect to do with a child’s care, welfare, and development or parental responsibility

No you do not have to register your Parenting Plan with the Court.

If you wanted your Parenting Plan to become legally binding and enforceable, you would need to submit a Parenting Consent Order Application.

A Parenting Consent Order is a legally recognised and binding agreement made between a child’s parents and made into Court Orders. Parenting Consent Orders can deal with one or more of the below:

• a child’s care and living arrangements
• parental responsibility (decision-making)
• how a child will communicate with their non-resident parent and other people
• any other aspect to do with a child’s care, welfare, and development or parental responsibility

Because it is Court Ordered, there can be legal implications if the Parenting Consent Order is not complied with and the compliant parent wants the Orders enforced.

It is just that — the act of raising a child after separation, providing protection and care.

Watch this video to learn how your child’s voice is considered in the family law process.

Consent Orders:

1. Are Orders made by the Federal Circuit and Family Court of Australia.
2. Reflect a separated couple’s agreement about parenting and/or financial matters.
3. Legally recognised, binding, and enforceable.
   
   Consent Orders require the following documents to be prepared and filed with the Court:

1. Application for Consent Orders
2. Proposed Orders by Consent (aka Terms of Settlement)
3. Notice of Child Abuse, Family Violence or Risk (parenting matters only)

When Consent Orders are rejected by the Court, the Applicant will usually receive a letter explaining the reasons. This letter is called a Requisition Notice.

In some cases—particularly where the agreement has been entirely DIY or there’s been a clear failure to meet financial disclosure obligations—the Court may go a step further and dismiss the Application altogether, leaving no opportunity to fix or resubmit it.

More often, though, the decision-maker will give the couple a chance to either:

• Submit additional information to support their agreement (usually where the Court has concerns about the fairness of the proposed financial separation), or
• Amend and resubmit documents where there are errors or the drafting of the Orders isn’t legally acceptable.

If you receive a Requisition Notice, read it carefully. If you’re unsure how to respond, it’s best to get legal advice before taking your next steps.

In family law, property includes everything of financial value—assets, debts, superannuation, financial resources, and any interests in companies or trusts—whether owned individually or jointly. This is often called the property pool. (Pets are also recognised as property under the Family Law Act 1975!)

A settlement simply means reaching a final agreement or resolution.

So, a property settlement is the final division of a couple’s property pool after separation.

This can happen in one of three ways:

• By agreement (known as a consent settlement),
• Through arbitration (if the couple chooses to resolve their matter privately), or
• By court order, after a Judge hears the case at trial.

Yes, you can divorce before finalising your property settlement—but be aware of the implications.

Once you’re divorced, a 12-month time limit begins for you and your former partner to finalise your property settlement (also known as a financial separation agreement) in a legally recognised and binding way.

If this deadline passes and one of you later wants to pursue a property settlement, you’ll need to apply to the Court for permission to proceed out of time—and that permission isn’t automatically guaranteed.

When deciding whether to approve your financial separation agreement (submitted as part of a Consent Order Application), the Court will consider whether:

• The proposed agreement is just and equitable — meaning it meets the legal standard for fairness
• It has the power (jurisdiction) to make the Orders in the terms you’ve proposed
• The couple have complied with their legal obligations, including full and frank financial disclosure
• The paperwork is properly completed, accurate, and in the correct format

To give your financial separation agreement the best chance of being approved the first time around, do consider getting legal advice and help with finalising or preparing your paperwork.

Yes – they are supposed to be final.

The purpose of Financial Consent Orders is to forever sever a separated couple’s financial ties. Only in limited circumstances can Financial Consent Orders be changed or successfully challenged.

• Legally binding court orders
• Recognised as a legal agreement in Australia
• Reflect a couple’s agreement about the division of their assets, debts, resources, and superannuation following their separation

You can reasonably expect that if your Application is filed with:

• The Federal Circuit and Family Court of Australia: between 2 – 16 weeks
• A Local or District Court (that accepts family law Consent Order Applications): between 2 – 4 weeks

If your Consent Orders Application is requisitioned (aka rejected), you generally have the opportunity to submit an amended Application and/or additional information to support it being approved. This process adds additional time.

We trust and recommend SuperInfo, the leading experts in the defined benefit superannuation schemes.

De facto couples have two years from the date of their separation to make their financial separation agreement official or if there is no agreement, commence Court proceedings seeking a financial settlement.

There are no time limits to de facto couples in relation to parenting matters.

To get Consent Orders (financial), two documents must be prepared and submitted to the Federal Circuit and Family Court of Australia:

1. Application for Consent Orders
2. Proposed Orders by Consent (aka Terms of Settlement)

The Application itself is a free Court form available on the Court’s website — CLICK HERE. It is an unfriendly, complicated form so you may need help from an experienced family lawyer to settle it.

Depending on the complexity of your finances and your agreement, our Proposed Consent Orders template may be just what you need. CLICK HERE to learn more.

If you’re interested in DIY’ing as much of your separation agreement as you can, take the Suitability Quiz to assess whether our Platform is right for you. CLICK HERE to take the Suitability Quiz.

When a couple separate and reach a financial separation agreement (aka property settlement), they can choose to make their agreement official in a Financial Consent Order or a Binding Financial Agreement. Below are the major differences between the two options.

Financial Consent Order

• Legally Recognised: Yes
• Binding: Yes
• Legal Advice: Optional
• Requires Court Approval: Yes

Binding Financial Agreement

• Legally Recognised: Yes
• Binding: Yes
• Legal Advice: Required
• Requires Court Approval: No

Binding Financial Agreements have tended to be for those couples with high wealth, complex financial separation agreements, and/or prolonged financial ties. BFAs are typically more expensive than Consent Order Applications.

Although it is common practice for couples to split superannuation following their separation, there is no legal requirement to do so.

Where couples recognise that a superannuation split is appropriate but they are not keen on splitting superannuation, they do a cash-superannuation trade off. This trade-off has the potential to help a couple feel they’ve achieved a better outcome that aligns with their goals and immediate needs.

It is important to still consider the long term financial and life implications of doing such a trade-off. A financial planner can help you with this by doing some financial modelling.

The law says there are four steps that must be followed to determine a legally fair financial property settlement.

1. All assets, debts, superannuation, and resources, together with their values must be identified. This is often referred to as ‘the pool’.
2. Consider and assess how each person contributed to the pool and the family’s welfare. A couple’s contribution might be considered ‘equal’ or different.
3. Consider and assess each person’s current and future circumstances. A couple’s current and future circumstances might be considered similar or different.
4. Considering the assessments made at Steps (2) and (3), whether the proposed financial split is, in all of the circumstances, just and equitable.

The above is a discretionary exercise, meaning there’s a grey area. There is always going to be a range as to what amounts to a just and equitable (aka “fair”) financial split.

Child support is financial support for a child after separation. Child support can be paid as follows:

• On a regular basis (known as periodic child support)
• On an ad hoc basis, basically for a child’s expenses (known as non-periodic child support)
• As a lump sum in advance of a child support liability

There exists a three part formula to determine the minimum amount that a parent should pay to the other towards the cost of raising their child. This is the assessed periodic child support amount. The formula looks at:

The formula looks at:

• Each parent’s taxable income
• The age and number of children
• The number of overnights a child is in each parents’ care

CLICK HERE to get an estimate of the assessed child support you could be eligible to receive or liable to pay.

Listed below are legally recognised child support arrangements:

(A) Child support (periodic and non-periodic) as assessed by Services Australia
(B) Parenting Plan — A legally recognised non-binding agreement setting out child support and parenting matters
(C) Binding Child Support Agreement — A legally binding and enforceable agreement cementing financial support for your child until they turn 18 years or finish Year 12
(D) Limited Child Support Agreement — A legally binding and enforceable agreement cementing financial support for your child for three years
(E) Child Support Departure Orders — Court Orders departing from a child support assessment

You can DIY a Parenting Plan that includes child support—CLICK HERE to learn more.

A Binding Child Support Agreement:

1. Is a written agreement between parents/carers about child support payments
2. Is legally binding and enforceable
3. Must be signed and dated by each parent
4. Requires each parent to have independent legal advice before entering into it
5. Lasts until a child turns 18 years (or finishes their Year 12 education, if the agreement provides)

A Limited Child Support Agreement

1. Is a written agreement between parents/carers about child support payments
2. Is legally binding and enforceable
3. Must be signed and dated by each parent
4. Lasts for three years only

Parents are not required to get independent legal advice before entering into a Limited Child Support Agreement.,

Maintenance, in the context of a separated couple, refers to ongoing financial support.

It may be appropriate that maintenance be paid after separation if a person cannot adequately support themselves. There are a range of considerations required to be taken into account.

Whether an application for maintenance is successful depends on:

1. If a person has a reasonable need that they cannot satisfy (ie. there is a shortfall between their income and expenses); AND
2. The other person has capacity to pay (ie. they have a buffer between their income and expenses).

Maintenance (known as alimony in the U.S.) is financial support that one person might pay to the other after separation.You and your partner might agree that:

• No maintenance will be paid, or
• One person will pay maintenance until a certain date or event (like when the other person returns to work, their income reaches a certain level, or they re-partner).

This agreement can be informal, but if you want to make it legally binding, you’ll need to document it in either a Binding Financial Agreement, or a Financial Consent Order.

The only way to fully protect yourself from future maintenance claims is with a Binding Financial Agreement.

If you include maintenance terms in a Financial Consent Order, there’s a risk the person receiving maintenance could later ask the Court to extend payments—even after the agreed end date or event has passed.

Divorced couples have 12 months from the date of their divorce to either:

• if there’s no agreement regarding maintenance, apply to the Court asking that maintenance be paid, or
• if there is a maintenance agreement, make that maintenance agreement official. 

De facto couples have two years from the date of their financial separation to either:

• if there’s no agreement regarding maintenance, apply to the Court asking that maintenance be paid or
• if there is a maintenance agreement, make that maintenance agreement official. 

A collaboratively trained family lawyer is a lawyer who has completed additional, voluntary training focused on helping separating couples resolve matters without going to Court.

While many family lawyers offer excellent support, collaborative lawyers bring extra tools and a distinct mindset. Their specialised skills, deeper insights, and focus on cooperation are often key to helping families navigate separation more constructively—and with better long-term outcomes for everyone involved.

CLICK HERE to see our Partner page for a list of trusted family lawyers.

You can reach an agreement between yourselves and get help only when you need to make it official. If you need some extra help or support in getting you to an agreement, below are three process options that avoid court:

• Participate in mediation
• Participate in mediation with lawyers
• Participate in the collaborative family law process

If you couldn’t agree on financial matters and didn’t want to go to court, you could opt into private arbitration. This is a legal process where a binding decision is made for you by an independent family law arbitrator, without the significant time and cost involved in going to court.

CLICK HERE to see our Partner page for our list of trusted mediators.

It’s worth considering getting some initial advice before anything else. Check out our Partner Page for our list of collaborative minded family lawyers who offer a one off advice session — CLICK HERE.

If you don’t feel ready for advice just yet or want to understand more about the separation process, get (available paperback, Kindle, and audio):

• Splitting Up Together: The How-to Handbook for an A.M.I.C.A.B.L.E Divorce
• The Guys’ Guide to Separation And Divorce

The Guys’ Guide is an FAQ book, with content relevant to women too — bonus you can share with your partner!

It’s worth considering getting some initial advice before anything else. Check out our Partner Page for our list of collaborative minded family lawyers who offer a one off advice session — CLICK HERE.

If you don’t feel ready for advice just yet or want to understand more about the separation process, get Splitting Up Together: The How-to Handbook for an A.M.I.C.A.B.L.E Divorce (available paperback, Kindle, and audio). This plain English handbook breaks down the process from start to finish and what’s involved. The first chapter is aptly titled ‘Making the decision to separate.

Yes, you can live separated under the one roof.

It can be helpful to get some advice on the pros and cons of living separately under the same roof, and when—or if—it might be the right time to move out.

If you and your partner have children and are thinking about a nesting arrangement, this article offers useful tips and things to keep in mind as you decide what’s best for your family — CLICK HERE.

No, Paper Advocate is not a law firm and does not provide legal services. Paper Advocate is a website offering DIY separation agreement templates.

No, the DIY separation agreement template is not a legal service.

No, Paper Advocate cannot provide legal advice.

CLICK HERE to see our Partner page for a list of trusted family lawyers.

This Platform has been designed with the Family Law Act 1975 (Cth) in mind. That being said, the principles are the same/similar in WA and so a document generated using this Platform could work for you in WA. It’s best to have an experienced WA family lawyer review your document to ensure it is correct before signing.

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If you need help on moving forward with your partner on a separation agreement, consider getting in touch with an experienced family lawyer to talk options and next steps. CLICK HERE to see our Partner page for a list of trusted family lawyers.

Our Platform does everything it can to generate your Document as fully and accurately as possible. However, it’s important that you review and finalise it yourself—this is why we label it a “draft.” You may wish to make changes, or you may find it ready to go as is.

Either way, we want to be clear and avoid giving the impression that no further attention from you is needed.