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Initiating Application — De Facto Property Settlement (s.90SM Family Law Act)

Time-sensitive

Form number: Form 1 — Initiating Application (Family Law); Form 13 — Financial Statement

The court application filed in the Federal Circuit and Family Court of Australia by a de facto partner seeking orders to alter property interests after relationship breakdown, under s.90SM of the Family Law Act 1975.

Issuing authority

Federal Circuit and Family Court of Australia (FCFCOA)

Official source

fcfcoa.gov.au

Cost

$435 filing fee for Initiating Application (Final orders) as at 1 July 2025; fee waivers available for eligible concession card holders

Deadline

Application must be filed within 2 years of the date the de facto relationship broke down; leave of court required after this time

How to apply

  1. Confirm eligibility: the de facto relationship must have lasted at least 2 years (or involve a child, or be registered), have geographical connection to a participating state/territory, and have broken down after 1 March 2009 (or 1 July 2010 for SA)
  2. Complete pre-action procedures — attempt dispute resolution (mediation or conciliation) and document genuine steps taken; obtain a Genuine Steps Certificate
  3. Download Form 1 (Initiating Application — Family Law) and Form 13 (Financial Statement) from the FCFCOA website at fcfcoa.gov.au/fl/forms
  4. Complete Form 1 specifying the property orders sought under s.90SM; complete Form 13 disclosing all income, assets, liabilities, and financial resources
  5. File the completed forms at the nearest FCFCOA registry in person, by post, or via the Commonwealth Courts Portal (online); pay the filing fee ($435 for a final order application as at 1 July 2025)
  6. Serve the Initiating Application on the other party within the timeframes specified by the Family Law Rules
  7. Attend the first court event (usually a procedural hearing or conciliation conference) and comply with any orders for further disclosure or mediation
  8. If agreement is reached, file Consent Orders; if not, proceed to a contested hearing where the court applies the s.90SM factors to make property orders

Related topics

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