Question
of the week
Question of the week

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09 July 2021

End of the road

Family Law
Federal

Asked

Family law - Family dispute resolution and property orders

Is family dispute resolution mandatory when applying for property orders after separation in the Federal Circuit Court?

If an application for parenting orders has already been filed, can an application for property orders be combined later?

Answered

Thank you for the question.

No. Family dispute resolution is not required when issuing property proceedings. Section 60I of the Family Law Act 1975 only applies to child-related proceedings.

Yes. If parenting proceedings are already on foot you can file an amended initiating application seeking property orders too, along with filing a financial statement and an affidavit in support.

Regards

Mentor