Frequently Asked Questions ( FAQs)

Child support refers to the financial contributions made by one parent to the other for the care and upbringing of a child under the age of eighteen (18). This obligation typically ends once the child reaches eighteen, although it may continue in certain circumstances, such as when the child is still in school or has special needs.

 Child maintenance, on the other hand, pertains to financial support provided for an adult child over eighteen (18), often to help them complete their education or due to a disability or health condition requiring ongoing care. In some cases, a court may mandate such payments if it is deemed necessary for the child’s well-being.

Obtaining a parenting order involves a court making decisions about the care and arrangements for a child. The court can issue a parenting order based on either an agreement between the parties (known as consent orders) or following a hearing or trial. Once issued, everyone affected by the order is legally required to comply with its terms.

 A parenting order may address various aspects, such as:

• Who the child will live with
• How much time the child will spend with each parent or others, like grandparents
• Allocation of parental responsibility
• How the child will communicate with a parent they do not live with or other individuals
• Any other matters relating to the child’s care, welfare, or development.

 The order may also outline steps the parties must take before seeking changes to the order and specify ways to resolve disputes that arise. If the order grants joint decision-making authority for significant long-term issues, the parties must consult with one another and make a genuine effort to reach a joint decision.

While it may not be legally mandatory to finalise a property settlement after separating, it is highly recommended. There are several important reasons for formalising a property settlement, especially following the breakdown of a marriage or de facto relationship:

• Legal and financial clarity – without a formal property settlement, your ex-partner/spouse may retain the right to claim a share of your assets in the future. Your financial ties (such as mortgages, joint bank accounts, or investments) remain connected unless legally divided, which could lead to future disputes.
• Protection against futures claims – if a property settlement is not finalised, either party can apply to the court for a share of assets, including any wealth accumulated after settlement.
• Legally binding and enforceable agreements – a legally recognised property settlement, either through Consent Orders or a Binding Financial Agreement (BFA), provides certainty and can be enforced by the courts. Informal agreements, such as verbal arrangements or casual written agreements, are not legal binding and carry significant risks.
• Tax and transfer duty (formerly stamp duty) benefits – settling property through the Family Court can provide exemptions from capital gains tax (CGT) and transfer duty on property transfers, which may not apply without formal settlement orders.
• Avoiding future disputes – without a finalised settlement, any new assets you acquire, such as savings or inheritances, could still be subject to a claim by your ex-partner/spouse. Finalising the property division ensures both parties walk away with a clean financial break.

Finalising your property settlement isn’t compulsory but is highly recommended. It protects against future claims, prevents disputes, ensures financial clarity, and unlocks potential tax and duty benefits.

• For married couples, applications must be made within 12 months of divorce.
• For de facto couples, the application period is within two years of separation, unless the court grants an extension.