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Family dispute resolution

Family dispute resolution means trying to come to an agreement about your family arrangements, rather than going to court. It helps couples who have separated sort out their disputes about:

  • children and parenting
  • division of property
  • partner maintenance
  • child support. 

Family dispute resolution may include mediation and conciliation.

The term ‘dispute resolution’ describes different ways people try to come to an agreement, including negotiation, mediation and arbitration.

The people who offer these services are independent professionals. They are trained to help people sort through their problems and try to reach agreement.

Family dispute resolution may or may not be confidential. Always ask.

Why use family dispute resolution

Some advantages of family dispute resolution are:

  • it is usually quicker than a court case
  • you make your own decisions
  • you can sort out disagreements in your own time
  • it may help your communication with your former partner and others involved
  • it is usually less expensive than a court case
  • it may be less stressful.

When to go to family dispute resolution

You can try family dispute resolution at any stage, even before separation or after a court case has started.

The court can also order parties to participate in family dispute resolution at any time throughout the court process.

If you want court orders about children (parenting orders), you usually have to try family dispute resolution first. The court will tell you how to do this.

If you want court orders about property, the court may get you to try family dispute resolution too.

You need to prove to the court that you have tried family dispute resolution, or that it is not suitable in your situation. You may need a certificate from the family dispute resolution service that says this.

You can do directly to court without a certificate if there has been family violence, child abuse or in urgent situations. Get legal advice.

You are not required to go to dispute resolution if your application is for divorce only.

How family dispute resolution works

Before family dispute resolution can begin, an assessment will be made to see if this the right way to sort out your disputes. It may not be suitable for your situation, for example, if the case is urgent or if there is family violence.

The process is led by a family dispute resolution practitioner who can help you discuss the issues, look at options and work out how to reach agreement. The family dispute resolution practitioner can give you a certificate at the end of the process.

The certificate may say you have:

  • been to family dispute resolution with your ex-partner (or other involved person) and you both genuinely tried to sort out an agreement
  • been to family dispute resolution with your ex-partner (or other involved person) and one or both of you did not genuinely try to come to an agreement
  • tried to go to family dispute resolution, but the other person did not turn up or did not want to participate.

The certificate may also say you do not need to participate if it is difficult for you to participate equally in the dispute resolution process, including if there is family violence or child abuse.

Parenting plans

If you reach an agreement on arrangements for your child during family dispute resolution, this can be set out in a parenting plan. A parenting plan must be in writing, dated and signed by both parents. In most cases you must attach a certificate from a family dispute resolution practitioner with your application. See 'Parenting plans' (link below).

More information

Family dispute resolution – frequently asked questions

Family relationship centres

Parenting plans

Resolving family disputes

Related publications

You and family law: a short guide

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

Our other free legal services include:

  • advice at our offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.