At some point in the first few weeks, someone sends you a letter — a lawyer, a mediator, Services Australia — and it's full of words that almost make sense. Adjusted taxable income. De facto relationship. Binding financial agreement. Contravention. You get the gist, but not the detail, and the detail is where the decisions live.
This is the glossary. Not a legal dictionary — a working reference. Enough to understand what's being said, what it means for your situation, and when to ask more questions. Definitions are written for the person sitting at the kitchen table at 11pm, not the one charging $450 an hour.
Entries are alphabetical. Terms used within a definition that have their own entry are in italics.
Keep Atlas Admin tool open while you read this glossary and turn unfamiliar terms into questions, documents to gather, or deadlines to check.
A
Adjusted taxable income (ATI)
The income figure Services Australia uses to calculate child support and some Family Tax Benefit assessments. It's not your take-home pay, and it's not exactly your salary. ATI starts with your taxable income and adds back reportable fringe benefits (things like novated leases or car allowances your employer has packaged), reportable employer super contributions above the standard rate, and any net financial investment losses. If you salary sacrifice into super, some of that gets added back in. The gap between what you think you earn and your ATI can be meaningful — and getting it wrong means getting the child support estimate wrong.
Affidavit
A written statement of facts, sworn or affirmed to be true, used as evidence in court proceedings. If your matter proceeds to court, you'll likely file one. It's not a letter — it's a formal document and every statement in it needs to be accurate. Exaggeration, omission, or inaccuracy in an affidavit is a serious legal problem.
Asset pool
The total combined value of everything both parties own and owe — assets and liabilities, regardless of whose name they're in. Property, super, savings, shares, vehicles, businesses, debts, credit cards, mortgages. All of it goes into the pool before a property settlement divides it. The fact that the house is in your name doesn't mean it's automatically yours.
B
Binding child support agreement
A private agreement between two parents about child support payments that, once registered, is legally enforceable. Differs from a limited child support agreement in that it can be for any amount — above or below the formula — and both parties must obtain independent legal advice before signing. Harder to change than a standard assessment once in place.
Binding financial agreement (BFA)
A private contract that divides assets and financial matters outside of the court process. Both parties must have independent legal advice. BFAs can be made before, during, or after a relationship. They're enforceable but can be set aside by a court in limited circumstances — unlike consent orders, which are court orders.
C
Care percentage
The proportion of nights per year a child spends with each parent, expressed as a percentage. Used by Services Australia in the child support formula. Care above certain thresholds — roughly 35%, and then at equal care — reduces the assessment for the parent with higher care. More time doesn't automatically mean zero child support; the income percentage is also in the calculation.
Child support assessment
The formal calculation by Services Australia of how much one parent pays the other for the costs of raising children. Based on both parents' adjusted taxable income, the number of children, their ages, and the care percentage. The assessment is issued in writing and updated if circumstances change — but the change isn't automatic. You have to notify Services Australia.
Child support estimator
A free online tool on the Services Australia website that lets you estimate what a child support assessment will produce before applying. Uses the same formula as the formal assessment. Run your numbers here before any financial negotiation. Assumptions about what you'll pay or receive are frequently wrong. The estimator isn't.
Cohabitation
Living together in a domestic arrangement. Relevant in two contexts: whether a de facto relationship exists (cohabitation is one of several factors), and whether a new relationship affects your government benefit eligibility. Services Australia can reassess your payments if they determine you're cohabiting with a new partner as a couple.
Conciliation conference
A form of dispute resolution used in family law proceedings where a registrar of the Family Court facilitates a negotiation between the parties and their lawyers. Not the same as mediation. Happens within the court process rather than before it. The goal is to reach agreement without a full hearing.
Consent orders
Orders made by the Federal Circuit and Family Court with the agreement of both parties — you're not in dispute, you've both agreed, and you're asking the court to formalise it. Used for both property and parenting matters. Once made, they're court orders and are enforceable. The standard mechanism for finalising a property settlement or parenting arrangement. Less expensive and less adversarial than contested proceedings, and more durable than an informal agreement.
Contravention
When a party fails to comply with a court order. If your ex has consent orders in place and isn't following them, you can file a contravention application. The court can impose penalties for serious or repeated contraventions. The threshold for a contravention application is a formal order — an informal agreement or parenting plan doesn't create the same mechanism.
Costs order
An order by a court requiring one party to pay some or all of the other party's legal costs. Less common in family law than in other civil litigation — family courts prefer each party to bear their own costs — but can be made in cases of unreasonable behaviour, failure to comply with orders, or conduct that unnecessarily protracted proceedings.
D
De facto relationship
A relationship between two adults who live together on a genuine domestic basis, but are not married. Includes same-sex relationships. For family law property purposes, a de facto relationship generally needs to have lasted at least two years (with some exceptions). De facto couples have very similar rights to married couples under Australian family law — the primary difference is in the limitation period for property claims (two years from separation, rather than twelve months post-divorce order).
Divorce order
The formal court order that ends a marriage. Does not resolve financial matters or parenting arrangements — those are entirely separate processes. Requires twelve months of separation and an application to the Federal Circuit and Family Court. The order becomes final one month and one day after it is made.
Duty of disclosure
The legal obligation on both parties in a family law financial matter to fully and honestly disclose all financial circumstances — all assets, liabilities, income, and financial resources. This is not optional. Failing to disclose an asset is a serious matter that can result in the settlement being set aside and penalties being imposed.
E
Equity
The value of an asset minus what is owed on it. If the family home is worth $900,000 and the mortgage is $520,000, the equity is $380,000. In a buyout, the departing party is typically paid their share of the equity. Note that equity available for a buyout is reduced by the costs of transfer — legal fees, lender discharge fees, and potentially stamp duty if the exemption doesn't apply.
F
Family Dispute Resolution (FDR)
A structured, facilitated negotiation process used to resolve family disputes — particularly parenting matters — without going to court. Conducted by an accredited Family Dispute Resolution Practitioner (FDRP). For parenting matters, FDR is generally required before you can apply to the court for parenting orders (with exceptions for urgency or safety concerns). Government-funded FDR is available through Family Relationship Centres. Private FDR practitioners are also widely available.
Family Dispute Resolution Practitioner (FDRP)
An accredited professional who facilitates Family Dispute Resolution. Some are also solicitors; some have mediation or social work backgrounds. Check that anyone you use holds current FDRP accreditation under the Family Law Act.
Family Tax Benefit (FTB)
A government payment administered by Services Australia for eligible families with children. Split into Part A (based on number of children and family income) and Part B (single-income and single-parent families). Your eligibility and rate change when you separate. Update your relationship status and care arrangements with Services Australia promptly — being on the wrong rate means either underpaying or being asked to repay.
Final orders
Court orders that resolve a matter permanently — the final determination of parenting arrangements, property division, or both. Different from interim orders, which are temporary. Final orders are what you're working toward in contested proceedings; consent orders are the cooperative route to the same destination.
Form 6 (superannuation)
The form used to request superannuation information from a fund during family law proceedings. Filed through the Family Court, served on the fund, and the fund is legally required to respond. Used when a super balance isn't voluntarily disclosed. Now part of the court's digital filing system — the specific form name may vary, but the mechanism remains.
I
Income percentage
Each parent's share of the combined child support income of both parents. If one parent earns 65% of the combined total, their income percentage is 65%. This figure is compared against the care percentage to determine who pays child support, and how much.
Interim orders
Temporary court orders made while a matter is ongoing, to manage the situation in the meantime. Common in parenting matters — establishing where the children live and who they spend time with while the final outcome is being negotiated or litigated. Interim financial orders can also be made. Interim doesn't mean permanent, but interim orders have a habit of becoming the de facto arrangement even when final orders eventually differ.
L
Legal Aid
Government-funded legal assistance for people who meet income and asset thresholds. Available in all states and territories. Can cover advice, document preparation, mediation, and in some cases representation in court. Means-tested — not everyone qualifies, and the scope of coverage varies by state and matter type. Worth checking eligibility early.
Limitation period
The deadline by which you must formally bring a legal claim. For property settlement: married couples have twelve months from the date the divorce order becomes final; de facto couples in most states have two years from the date of separation. After the limitation period, you need leave of the court to bring a claim — which is not guaranteed. These are hard deadlines. Know yours and don't let an informal arrangement drift past them.
Limited child support agreement
A private child support agreement that must be at or above the child support assessment amount. Requires both parties to agree and a current assessment to be in place. Simpler than a binding child support agreement but less flexible. Can be registered with Services Australia and is then enforceable.
M
Mandatory reporting
The legal requirement for certain professionals — teachers, doctors, social workers — to report suspected child abuse or neglect to child protection authorities. Not specific to separation, but relevant if your separation involves allegations that could trigger professional reporting obligations.
Mediation
See Family Dispute Resolution. The terms are often used interchangeably but FDR is the specific accredited process under the Family Law Act. Private mediators may operate under that framework or under other models.
Member of a couple (Services Australia)
The status test used by Services Australia to determine whether a person is in a couple relationship for benefit assessment purposes. Factors include: living together, financial interdependence, social presentation, nature of the relationship, and care of children. Not strictly the same as the legal de facto test. Moving a new partner in — even informally — can trigger reassessment.
N
Nesting
An informal term for an arrangement where the children remain in the family home and the parents rotate in and out. Less common than it sounds in theory — most families find the cost of maintaining three residences (the family home and somewhere for each parent to stay during their off-time) unsustainable. Works best when temporary and specifically time-limited.
Notice of child abuse or family violence
A form (currently Form 4) filed with the Federal Circuit and Family Court when a party is alleging child abuse, risk of child abuse, or family violence in parenting proceedings. The court is required to consider the allegations as part of its assessment of arrangements.
P
Parenting orders
Court orders that determine where children live, who they spend time with, and how major decisions are made. Made either by consent (consent orders) or by the court following contested proceedings. The court's paramount consideration in making parenting orders is the best interests of the child.
Parenting plan
A written agreement between parents about parenting arrangements. Not a court order — not directly enforceable — but documents what was agreed and can be used as evidence in later proceedings. Better than nothing and worse than consent orders for anyone whose co-parenting situation has friction.
Primary carer
The parent with whom the children primarily live. Not a formal legal term under the current Family Law Act — the 2006 reforms moved away from "residence" and "contact" language toward "parenting time" — but still used in practice to describe the parent carrying more of the day-to-day care load.
Property settlement
The formal division of assets and liabilities between two separated parties. Covers everything: house, super, savings, investments, debts. Should be formalised in consent orders or a binding financial agreement — an informal arrangement is not enforceable. Subject to limitation periods.
If the term you are stuck on is property settlement, start with the four-step settlement guide.
R
Registrar
A judicial officer of the Federal Circuit and Family Court below the level of judge. Handles many procedural and interim matters, including conciliation conferences and some consent order applications. You may deal with a registrar before, or instead of, a judge.
Relationship breakdown
The legal basis for divorce and most family law property matters in Australia. Under the Family Law Act 1975, the only ground for divorce is irretrievable breakdown, established by twelve months of separation. Fault — adultery, cruelty, anything of that kind — is not a basis for property or parenting determinations.
S
Section 60I certificate
A certificate issued by an accredited FDRP following a Family Dispute Resolution attempt. Required before making most applications for parenting orders in the Federal Circuit and Family Court. It shows the court that FDR was either attempted or that an exception applied. If you don't have one and try to file for parenting orders, the application will likely be rejected.
Self-support amount
A fixed dollar amount subtracted from each parent's income before calculating child support income. Represents what it's estimated to cost each parent to support themselves. Updated annually by Services Australia. Only income above this threshold counts toward the child support assessment.
Separation
The point at which a marriage or de facto relationship effectively ends — when at least one party decides the relationship is over and acts on that. No form to file, no office to notify. The separation date is established by evidence. It starts the clock on limitation periods, child support assessments, and the twelve months required before a divorce order can be applied for.
Separated under one roof
A legally recognised status where a couple is separated but continues to live in the same property — usually for financial reasons or because of shared care of children. Requires evidence to establish if later disputed. A statutory declaration from a third party who can attest to the circumstances is one common form of evidence.
Sole parental responsibility
An arrangement where one parent has the authority to make major long-term decisions about the children — education, health, religion — without needing to consult the other. The Family Law Act creates a presumption of equal shared parental responsibility in most cases, but that presumption can be rebutted where there are safety concerns.
Spousal maintenance
Financial support paid by one party to the other after separation, separate from child support. Available where one party cannot adequately support themselves and the other has the financial capacity to pay. Less common in Australia than in some other jurisdictions, and typically not awarded for indefinite periods. Subject to limitation periods.
Superannuation splitting
The process of transferring a portion of one party's super to the other as part of a property settlement. Not a withdrawal — a rollover. The receiving party can't access it as cash. Requires either consent orders or a binding financial agreement to execute. One of the most frequently overlooked assets in settlements.
T
Third party debt
Money owed to a creditor outside the relationship — credit cards, personal loans, car finance. Relevant in property settlements because liabilities reduce the asset pool. Debts in one person's name can still be included in the pool. A joint debt remains joint regardless of who ran it up.
V
Valuation
An estimate of the current market value of an asset, typically provided by a licensed professional. Property requires a formal valuation from a registered valuer for contested matters. Super in a defined benefit fund requires a separate actuarial valuation. Businesses require a valuation report. The difference between what each party thinks an asset is worth and what it actually values at is a common source of settlement delay.
W
Without prejudice
A designation placed on communications — typically letters or settlement offers — that prevents them from being used as evidence in court proceedings. Allows parties to have frank negotiation without their offers being held against them. The protection has limits. If you're unsure whether a communication is genuinely protected, ask your lawyer before you send it.
A note on this glossary: definitions here are written for general understanding, not as legal advice. Family law is jurisdiction-specific and fact-specific. If a term here appears in a document your lawyer has sent, or in court papers, ask your lawyer what it means in your specific situation. The definition above tells you what it is. Your lawyer tells you what it means for you.
