Frequently asked questions.

Family Dispute Resolution is a structured, professionally facilitated process that helps separating couples reach their own agreements about parenting and financial matters. A trained, accredited practitioner facilitates conversations between both parties, helping them work toward outcomes they have made themselves. The practitioner does not make decisions. Their role is to create a structured space where both people can hear each other and find workable solutions.

FDR is a specific form of mediation defined under the Family Law Act 1975 (Cth). Not all mediation is FDR. Only an accredited Family Dispute Resolution Practitioner registered with the Australian Government Attorney-General's Department can conduct FDR and issue a Section 60I certificate. A general mediator without this accreditation cannot provide the legal outcomes that family law requires.

For parenting matters, in most cases yes. Before applying for parenting orders in the Federal Circuit and Family Court, parties must in most cases attempt FDR and obtain a Section 60I certificate from an accredited FDRP. Exemptions to the Section 60I requirement exist for urgent matters, family violence, child safety concerns, and a small number of other circumstances, but these are not automatic. For financial and property matters, the Section 60I certificate does not apply. However, every initiating application requires a Genuine Steps Certificate under Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The Genuine Steps Certificate is signed by the party themselves and confirms that the pre-action procedures have been followed, including a genuine attempt at dispute resolution. Where financial FDR has been attempted, this practice provides a Letter of Attendance and Genuine Effort that the party can use to support their Genuine Steps Certificate.

FDR can be used to resolve parenting arrangements (where children live, how time is shared, parental responsibility), financial and property settlement (division of assets, superannuation, debt), or both. It can also be used post-separation when circumstances change and existing arrangements need to be revisited, without returning to court.

FDR is confidential, party-controlled, and typically resolved in weeks. Court proceedings are on the public record, decided by a judge, and can commonly take 18 to 36 months from filing to final hearing. Legal costs in contested proceedings can typically reach tens of thousands of dollars per party. FDR produces agreements the parties made themselves, which are generally more durable and workable than orders imposed by a court.

FDR is the path most separating couples are advised to try first, and it resolves a substantial share of matters short of court. Outcomes are stronger when both parties participate genuinely, arrive prepared, and approach the process with a willingness to find workable solutions. FDR is not a guarantee of agreement, but it is the most cost-effective and least damaging path to try before considering litigation.

If agreement cannot be reached on all issues, parties can request a Section 60I certificate, which documents what occurred. The certificate type reflects the practitioner's professional assessment of what happened, including whether each party attended and whether each made a genuine effort. The certificate allows the matter to proceed to court for parenting orders. Any agreements reached on some issues during the process are preserved in a Parenting Plan or heads of agreement. A certificate is an outcome of last resort, not the goal of the process. Our commitment is to keep working toward agreement for as long as it remains a genuine possibility.

The process moves through four stages. First, a free discovery call to confirm FDR is appropriate. Second, individual intake sessions of one hour each, conducted separately. Third, one or more joint mediation sessions: four hours for parenting matters and three hours for financial matters. Fourth, if agreement is reached, the terms are documented in a Parenting Plan or heads of agreement. If not, a Section 60I certificate may be issued. See our How It Works page for a full walkthrough.

Each party meets separately with the mediator for one hour. This is your opportunity to speak candidly about your situation, your concerns, and what matters most to you, without the other party present. The intake session also allows the mediator to assess whether the matter is suitable for joint FDR and to identify any issues that may affect the process, including safety considerations.

Joint mediation sessions run for four hours for parenting matters and three hours for financial matters. For parenting matters, many couples with lower levels of conflict can work through arrangements in a single session. Financial settlement typically requires its own session. Higher-conflict matters, or those involving greater complexity, may need two or three sessions for each area.

It depends on the complexity of the matter and the distance between the parties at the start. Most matters that need more than one joint session resolve in two to three joint sessions in total. A couple without children resolving a straightforward financial settlement may complete the process in a single three-hour joint session, provided both arrive with the Full and Frank Disclosure worksheet completed. A matter involving both parenting and financial settlement across a significant conflict might require more sessions across both areas. Even at the higher end, this remains significantly less costly than contested proceedings.

Sometimes parties are given specific tasks to complete before the next session, to ensure progress continues rather than covering the same ground again. This might include gathering financial documents, obtaining property valuations, or reflecting on specific proposals. The mediator will be direct about what is needed and why.

Discovery calls are typically available within a few days of initial contact. Intake sessions follow shortly after. For most matters, the first joint session can be scheduled within two weeks of first contact. This is significantly faster than government-funded FDR services in most parts of Australia, where waiting times commonly run to several months.

Yes. FDR requires the genuine participation of both parties. If only one party contacts us, we will explain the process and can suggest ways to approach the other party about participating. If the other party declines or fails to attend, a Section 60I certificate under paragraph 60I(8)(a) can be issued reflecting their non-attendance, which allows the matter to proceed to court for parenting orders.

This can be discussed and arranged in appropriate circumstances. Raise it during the discovery call or intake session. The mediator will assess whether having a support person present is workable given the specific dynamics of the matter. The goal is to preserve the conditions in which both parties can communicate effectively.

FDR can help resolve where children live, how time is divided between parents, parental responsibility (who makes major decisions about schooling, health, and religion), communication arrangements between parents, handover arrangements, holiday and special occasion schedules, and how future disagreements will be managed.

No. There has never been a legal presumption of equal time, and the May 2024 amendments to the Family Law Act removed the previous presumption of equal shared parental responsibility. Courts now assess both time and responsibility based on the individual circumstances of each family. The question is always what arrangements best serve the child's needs, not what each parent is entitled to.

Parental responsibility is the legal authority to make major long-term decisions about a child's life, including schooling, healthcare, religion, significant changes to living arrangements, and changes of name. It is separate from where the child lives and how much time they spend with each parent. Since May 2024, courts assess parental responsibility on the merits of each case rather than applying a default presumption.

A Parenting Plan is a written agreement between parents about parenting arrangements. It is recognised under section 63C of the Family Law Act. It must be in writing, signed and dated by both parents, and made free of threat, duress, or coercion. A Parenting Plan provides flexibility to adjust arrangements as children grow and circumstances change, and can alter the effect of earlier Consent Orders by mutual agreement. It does not require court approval and can be updated when both parties agree. It is the most common outcome of parenting FDR. The colloquial term 'Parenting Agreement' is sometimes used; the legal term is Parenting Plan.

A Parenting Plan is a written agreement that is not a court order and is not legally enforceable through the court system. Consent Orders are court orders made by agreement and approved by a Judicial Registrar, carrying the same legal force as orders made after a contested hearing. Consent Orders for parenting are typically used where one party needs the enforceability of a court order. Parenting Plans are more flexible and better suited to many families, as they can be updated by mutual agreement without returning to court.

Children do not participate in FDR directly. Their perspectives are brought into the process through what each parent knows and observes about their children's needs, wishes, and day-to-day experience. In court proceedings, a child's views may be heard through an Independent Children's Lawyer or a family consultant's report. In FDR, the mediator helps both parents to consider and give appropriate weight to their children's perspectives.

Yes, in most cases, and a parenting application also requires a Genuine Steps Certificate. Before applying for parenting orders in the Federal Circuit and Family Court, you must attempt FDR with an accredited FDRP and obtain a Section 60I certificate. From June 2025, the court can reject a parenting application for filing where a valid certificate or exemption is not provided. Separately, every initiating application also requires a Genuine Steps Certificate under Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The Genuine Steps Certificate is signed by the party themselves and confirms compliance with the pre-action procedures. Exemptions to the Section 60I requirement exist for matters involving family violence, child abuse, or urgent situations requiring immediate court intervention.

Yes. Parenting Plans can be changed by mutual agreement at any time, simply by both parents agreeing to new terms. This flexibility is one of the main reasons Parenting Plans are more common than Consent Orders for many families. If you have Consent Orders, changing them without the other party's agreement requires returning to court. The court applies the Rice and Asplund principle, requiring a significant change in circumstances before it will revisit final parenting orders. The threshold is deliberately high.

Relocation is one of the most complex issues in family law. If relocation would significantly affect the children's relationship with the other parent, it generally requires either the other parent's agreement or a court order. FDR can be an effective forum for working through relocation proposals, as it allows both parties to explore the implications and consider options in a structured environment before positions become entrenched.

No. Australian family law does not apply an automatic equal split. The Family Law Act uses a four-step framework: identify and value all assets and liabilities, assess each party's contributions (financial and non-financial), consider each party's future needs, and determine whether the proposed outcome is just and equitable. The Family Law Amendment Act 2024, which commenced on 10 June 2025, codified this four-step framework directly into the Act. The result depends entirely on the specific circumstances of the relationship.

Yes. De facto couples have substantially the same property and financial settlement rights as married couples under the Family Law Act. The same four-step framework applies. A de facto relationship is covered if it lasted at least two years, the couple has a child together, or one party made substantial contributions. De facto couples must apply within two years of the end of the relationship.

Yes. Superannuation is treated as property under the Family Law Act and can be split as part of financial settlement. A superannuation split does not involve early withdrawal. Part of one party's superannuation interest is transferred to the other party's fund, remaining preserved until retirement. A formal agreement or court order is required, and the fund trustee must be notified.

Married couples must apply for property orders within 12 months of the divorce becoming final. De facto couples must apply within two years of the end of the relationship. After these limits, court permission is required and is not guaranteed. Property settlement and divorce are separate processes. You do not need to wait for a divorce to formalise financial arrangements.

Consent Orders are submitted to the court for approval and are legally binding once approved by a registrar. They do not require a hearing. Binding Financial Agreements (BFAs) are private contracts that do not involve the court, but require both parties to obtain independent legal advice before signing. BFAs are generally more expensive to prepare and more vulnerable to being set aside if a court later finds the agreement was unjust. For most post-separation financial settlements, Consent Orders are simpler, less expensive, and more reliably enforceable.

No, but financial applications still require a Genuine Steps Certificate. The Section 60I certificate applies only to parenting applications under Part VII of the Family Law Act. For financial applications, a party signs and files a Genuine Steps Certificate under Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The Genuine Steps Certificate is signed by the party themselves, not by a lawyer and not by a mediator, and confirms compliance with the pre-action procedures. Where financial FDR has been attempted with this practice, the practitioner provides a Letter of Attendance and Genuine Effort confirming attendance, the assessment of each party's effort, and the outcome. The party can attach or refer to that letter in their own Genuine Steps Certificate. The same statutory confidentiality and inadmissibility protections under sections 10H and 10J of the Family Law Act apply to financial FDR as they do to parenting FDR.

Both parties complete the Full and Frank Disclosure worksheet ahead of the first joint financial session. The worksheet covers income, assets, liabilities, superannuation, financial resources, and any property disposals since separation. Supporting documents include three years of tax returns, twelve months of bank and credit card statements, recent superannuation statements, and statements for any loans or mortgages. The duty of full and frank disclosure is now a statutory obligation under sections 71B and 90RI of the Family Law Act. The worksheet is provided to you at the intake session.

Full and frank financial disclosure is a statutory obligation under sections 71B, 90RI, and 90YJA of the Family Law Act, brought in by the 2024 amendments. The 2024 amendments also place a parallel obligation on FDR practitioners to inform parties about their duty of disclosure, explain when it applies, and encourage compliance. In FDR, the process relies on both parties providing honest disclosure. If you have reason to believe the other party is not disclosing all assets, raise this with your mediator. In court proceedings, non-disclosure can result in costs orders, the matter being stayed or dismissed, or the court drawing adverse inferences. If non-disclosure is a genuine concern, you should seek legal advice before or alongside the FDR process.

A Section 60I certificate is a document issued by an accredited Family Dispute Resolution Practitioner after a proper FDR process. It is required before applying for parenting orders in the Federal Circuit and Family Court. The certificate documents the outcome of the FDR process without disclosing what was discussed, which is protected by both confidentiality (s10H Family Law Act) and inadmissibility (s10J). Section 60I certificates apply to parenting matters only. For financial matters, the Section 60I certificate does not apply, but a Genuine Steps Certificate (signed by the party themselves under Schedule 1 of the FCFCOA (Family Law) Rules 2021) is required for every initiating application. Where financial FDR has been attempted, this practice provides a Letter of Attendance and Genuine Effort to support the party's Genuine Steps Certificate.

There are five certificate types under section 60I(8) of the Family Law Act, each documenting a different outcome: 60I(8)(a): the other party did not attend FDR. 60I(8)(aa): the practitioner assessed FDR as not appropriate to be conducted. 60I(8)(b): both parties attended and made a genuine effort. 60I(8)(c): one or more attendees did not make a genuine effort. 60I(8)(d): FDR began but became inappropriate to continue. The type of certificate issued reflects the practitioner's professional assessment of what occurred and can affect how the court views the conduct of each party.

No. A Section 60I certificate cannot be issued on request. It can only be issued by an accredited FDRP after a proper FDR process has been conducted, including individual intake sessions with each party. The certificate documents what occurred in that process. It is not a rubber stamp and cannot be used as a shortcut to court.

Exemptions apply where there are reasonable grounds to believe a party has engaged in family violence or child abuse, where the application falls within one of the urgency-related grounds set out in s60I(9), where a party is unable to participate due to incapacity, or where a party is in a location where FDR is not reasonably available. Exemptions are not automatic and must be established to the court's satisfaction. From June 2025, under the Family Law Amendment Act 2024, the court has express power to reject a parenting application for filing if a Section 60I certificate is required and has not been filed.

No. FDR is protected by two distinct provisions of the Family Law Act. Confidentiality (s10H) prevents the practitioner from disclosing what was said, with limited exceptions, and parties agree contractually under our terms to maintain the same confidentiality. Inadmissibility (s10J) goes further: even if confidentiality is breached and something is disclosed, that information still cannot be admitted as evidence in court. The certificate documents only the outcome of the process, not its content.

Certificates are typically requested at the conclusion of the FDR process or where it becomes clear the process cannot continue. For matters where both parties participate, the certificate can usually be issued within a short time of the final session. From first contact to certificate, most matters move through the process in a matter of weeks rather than months, depending on scheduling and the number of sessions required. A certificate must not be issued more than 12 months after the person's last attendance, or attempted attendance, at FDR, and is generally relied on by the court for filings made within 12 months of issue.

Yes. Research and practice experience consistently show that online FDR produces comparable outcomes to in-person sessions. The online format offers meaningful advantages: parties in different cities or states can participate without travel, physical separation reduces the anxiety of sharing a physical space, and shuttle mediation is easier to manage. For many families, online FDR is not just a practical alternative to in-person, it is the more suitable format.

A device with a camera and microphone (laptop or desktop is recommended over phone for sessions of this length), a reliable internet connection, and a private, quiet space where you will not be interrupted for the duration of the session. Sessions are conducted via Google Meet. You do not need to install any software beyond a current web browser.

Your mediator will have a contingency plan for technical issues. If connection is lost, the session can be paused and rejoined. If a significant technical issue cannot be resolved, the session can be rescheduled. Raise any concerns about your technical setup during the discovery call or intake session so they can be addressed before the joint process begins.

Yes. This is one of the primary reasons online FDR exists. Both parties can participate from wherever they are in Australia. The process and legal outcomes are identical regardless of location. A couple where one party is in Perth and the other in Brisbane can complete the entire FDR process online without either party travelling.

Yes, and this is one of the most important things online FDR makes possible. Government-funded FDR services in regional and rural Australia often have significant waiting times, and some areas have no local service at all. Online FDR removes geography as a barrier. Appointments are typically available within two weeks of first contact, regardless of where either party is located.

No. You do not need a lawyer to participate in FDR, and lawyers do not typically attend sessions. You are strongly encouraged to seek independent legal advice before and after sessions, and before signing any agreement, so you fully understand what you are agreeing to. Your mediator is not a lawyer and will not give legal advice, but they will be direct about when legal advice is important.

A history of family violence does not automatically make FDR inappropriate, but it requires careful assessment. The Family Law Amendment Act 2024, in force from 10 June 2025, expanded the definition of family violence in section 4AB to expressly include economic and financial abuse. Safety is evaluated as part of the intake process. Where genuine risk is identified, shuttle mediation, additional safety arrangements, or an exemption from the FDR requirement may apply. Raise any concerns about your safety during the discovery call. Everything discussed is confidential, and your safety takes priority over any procedural requirement.

You cannot force the other party to participate. If the other party declines to attend after being given a genuine opportunity to do so, a Section 60I certificate under paragraph 60I(8)(a) can be issued reflecting their non-attendance. This certificate allows you to proceed to court for parenting orders. Courts may take non-participation into account when making subsequent orders, including in relation to costs. If you are having difficulty getting the other party to engage, raise this during the discovery call. We can discuss realistic options.

Interpreting services can be arranged for FDR sessions. Raise this requirement during the discovery call so arrangements can be confirmed before your intake session. Both parties should be able to participate fully and understand everything that is discussed. The cost of interpreter services may be an additional consideration to discuss.

Yes, and the protection is stronger than most people realise. FDR is covered by two distinct provisions of the Family Law Act. Confidentiality (s10H) prevents the practitioner from disclosing what was said in the process, with limited exceptions, and both parties agree contractually under our terms to maintain the same confidentiality. Inadmissibility (s10J) is a separate and additional protection: even if confidentiality is breached and something is disclosed, that information cannot be admitted as evidence in court. The narrow exceptions include disclosures indicating a risk of harm to a child or another person.

This depends on how the agreement was formalised. A Parenting Plan can be changed by mutual agreement at any time. A Consent Order, whether for parenting or financial matters, is legally binding once approved by the court and changing it without both parties' agreement requires a court application that meets the Rice and Asplund significant-change-of-circumstances threshold. If one party seeks to walk away from an agreement made in FDR before it has been formalised, seek legal advice immediately about your options for preserving the agreed terms.

An accredited Family Dispute Resolution Practitioner is a mediator who has completed the specific training and assessment requirements set by the Australian Government Attorney-General's Department and holds current registration with the AGD. Only an accredited FDRP can issue a Section 60I certificate. Accreditation requires ongoing professional development, adherence to a code of practice, and professional indemnity insurance.

Accreditation is the difference between a qualified, accountable practitioner and someone offering a service without the training, professional obligations, or legal authority that protect clients. An accredited FDRP is subject to professional conduct standards, complaints processes, and the legal framework of the Family Law Act. Only they can issue the certificate required before court proceedings can begin.

Practitioners working under the onlinefdr.com.au brand hold current registration with the Australian Government Attorney-General's Department as accredited Family Dispute Resolution Practitioners under the Family Law (Family Dispute Resolution Practitioners) Regulations 2025, and are members of relevant professional bodies including the Australian Mediation Association (AMA). These credentials reflect both legal accreditation and active participation in the professional community. For more about the founder of the practice, see the About page.

Accredited FDRPs are registered with the Australian Government Attorney-General's Department. You can ask any practitioner for their AGD registration number and verify it directly with the AGD. You should always confirm accreditation before engaging a practitioner for FDR, particularly if the outcome you need is a Section 60I certificate.