Practice area

Family Law

Define the intended work in Family Law, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
37
Tasks with a step-by-step checklist
17
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Family Law
TaskHow AI is usedHuman involvementWhat the lawyer must review
Find missing financial disclosure documentsChecklistStart this taskSee suggested levelsWritten for AustraliaCompare a lawyer-approved disclosure request with a permitted document inventory and draft a received, missing and follow-up table.YellowClose supervision
  • Check the inventory against the actual files
  • Discuss gaps with the client before sending a request
Screen family or migration material before it goes into a toolChecklistStart this taskSee suggested levelsOrganise a file index from metadata the lawyer has already cleared, without opening the underlying documents in the tool.RedLawyer-led
  • Do not upload subpoenaed, discovery, suppressed or safety-sensitive material yet
  • Wait until the closed-environment conditions in the practice direction are met
Turn existing parenting orders into a practical arrangements sheetChecklistStart this taskSee suggested levelsWritten for AustraliaExtract obligations from the complete current orders into a draft table of dates, handovers, communication and travel arrangements.YellowClose supervision
  • Check every entry
  • Resolve ambiguity or conflict before the sheet goes to the client
Identify financial changes that need a disclosure updateChecklistStart this taskSee suggested levelsWritten for AustraliaCompare a prior financial schedule with new verified statements and draft a change table.YellowClose supervision
  • Decide the disclosure consequences
  • Check any amended statement or affidavit against current requirements
Draft the minute of consent orders from the settled termsStart this taskSee suggested levelsWorking with the lawyer on terms the lawyer has settled, build the minute clause by clause from those terms and the disclosure figures the lawyer has checked, list the assets, values and certificates still to confirm, and flag both anything in the draft the settled terms do not support and anything the settled terms leave out that an order would normally deal with.YellowClose supervisionRead every clause against the settled terms — a model drafting from precedent will reproduce superseded property language. Satisfy yourself the orders are just and equitable before they go to the registrar. Use the current prescribed superannuation splitting forms and give the trustee procedural fairness. Confirm whether the application is in time or needs leave. Once the orders are made they are final, and the grounds to set them aside are narrow.
Draft an affidavit or witness statement from the proofing noteStart this taskSee suggested levelsWritten for New South WalesIndex the annexures against the lawyer's draft affidavit, list every assertion in that draft with no support in the proofing note or the permitted documents, and check it against the Court's affidavit form and the page and annexure limits for the Division it is filed in. The tool writes no part of the affidavit or witness statement.RedLawyer-ledThe lawyer writes the affidavit in the deponent's own words from the proofing note, and the deponent must read and adopt it before it is sworn. Strip argument and anything not in the proof or the permitted documents. Do not use subpoenaed or sensitive records without an express permission check.
Draft consent orders or a Binding Financial Agreement from the settled termsChecklistStart this taskSee suggested levelsTurn the settled terms into draft consent orders or s 90B/C/D or s 90UB/UC/UD BFA clauses, listing assets, values and independent-advice certificates to confirm.RedLawyer-led
  • Confirm independent legal advice certified under ss 90G and 90UJ FLA; a generated certificate is no substitute
  • Verify every figure, asset, trust, company and super interest against disclosure
  • Apply the codified four-step process (ss 79/90SM as amended) to consent orders from 10 June 2025
  • Include the family-violence economic factor in those orders
  • Use super-split forms under the Family Law (Superannuation) Regulations 2025 (from 1 April 2025)
  • Apply the 2025 Methods and Factors Approval to super valuations
  • Check current forms on the FCFCOA eCourts Portal
Prepare the FCFCOA Financial Statement and the disclosure indexChecklistStart this taskSee suggested levelsExtract permitted financial information into a draft of the current FCFCOA Financial Statement, retaining a source reference for each figure and leaving gaps unresolved.RedLawyer-led
  • Verify every entry against its source
  • Confirm interests or changes the documents do not show
  • Use the current FCFCOA Financial Statement and disclosure rules
  • Remember non-compliance can bring procedural consequences, costs or contempt
  • Do not treat an extraction error as a new criminal offence in itself
Build the property-pool balance sheet from disclosed documentsStart this taskSee suggested levelsWritten for AustraliaFrom bank statements, titles, superannuation/retirement and entity records, draft an asset-and-liability table with values, ownership and source documents, and list gaps.YellowClose supervision
  • Decide values and ownership yourself
  • Do not treat a generated balance sheet as the pool
Prepare the superannuation-splitting steps list, flagging and valuation requestsChecklistStart this taskSee suggested levelsFrom the member statements and instructions, list fund type, splitting steps, forms and trustee information still required. Do not calculate a defined-benefit value.RedLawyer-led
  • Note December 2024 removed separation declarations for splits by agreement above the low-rate cap
  • Apply the Family Law (Superannuation) Regulations 2025 (from 1 April 2025)
  • Use the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025
  • Check revised defined-benefit and income-stream values (about 4% higher: CPI-indexed lifetime pension, male 65)
  • Confirm fund type, prescribed form, current factor and the trustee's timing
  • Get trustee s 90MT information or an actuary's certificate
Draft a parenting plan or parenting orders from the arrangements sheetStart this taskSee suggested levelsWritten for AustraliaTurn the client's proposed arrangements into a first-draft plan or minute of order covering live-with, time, holidays, communication and decision-making.YellowClose supervision
  • Apply the child's best interests, which govern
  • Check workability
  • Check family-violence risks are not papered over
Prepare an international-relocation issues packStart this taskSee suggested levelsWritten for AustraliaOrganise the proposed move, the existing parenting orders and the documents on the file into a table of the best-interests considerations, quoting beside each consideration the source fact and its file reference, and covering every consideration the current best-interests provision of the Family Law Act sets out rather than a selection of them. For the destination, list whether the 1980 Abduction Convention is in force as between Australia and the destination country, and whether the destination is a 1996 Child Protection Convention state. List the statutory tests the move engages — the threshold for reopening final parenting orders, and the provisions making it an offence to take a child out of Australia while parenting orders are in force or proceedings are pending — against the current legislation, flagging each for the lawyer to confirm. Extract the travel, passport and watchlist restraints already in force, and list every consideration with no evidence yet on the file. The table records facts against considerations and states no contentions. The lawyer writes the minute of proposed orders, the case outline and any travel, passport or watchlist restraint.RedLawyer-ledRelocation is high-stakes. Verify the Convention answers yourself — accession by the destination is not enough; the 1980 Abduction Convention must be in force as between Australia and that country, and whether the destination is a 1996 Child Protection Convention state is a different question again — and consider whether mirror orders are needed before the child leaves. Confirm the statutory tests and the best-interests considerations against the legislation as it now stands, and check every fact in the table against the source document and file reference given beside it. Write the minute of proposed orders, the case outline and any travel, passport or watchlist restraint yourself.
Draft urgent freezing, recovery or injunction papers from the facts briefStart this taskSee suggested levelsWritten for AustraliaThe affidavit is barred to the tool: the lawyer drafts it, and the application and proposed orders as well. Index the annexures against the lawyer's draft in both directions, listing every annexure the draft does not refer to and every document the draft refers to that is not annexed. List every asserted fact anywhere in the draft that has no source in the facts brief or the documents — asset dissipation, travel and a child's whereabouts are examples, not the limit. Check the lawyer's draft affidavit against every disclosure item the court's without-notice rule requires and list the ones not yet addressed — previous proceedings, orders in force, any breach of an order, any allegation of family violence or child abuse, hardship or prejudice to the respondent, a child or a third party, whether the respondent or their lawyer has been told, the applicant's capacity to give an undertaking as to damages, why the order must be made urgently, and the other party's last known address. List every relief sought in the application with no matching proposed order, and every order sought that no paragraph of the affidavit supports. Flag departures from the court's urgent-list and without-notice filing requirements. Whether the duty of full and frank disclosure is met is the lawyer's judgment, not a form the tool can check.RedLawyer-ledThe lawyer drafts the affidavit, the application and the orders, and the deponent must adopt the evidence. Full and frank disclosure on a without-notice application sits with the lawyer: read the draft against the source documents for adverse facts, and satisfy yourself the sworn material covers every matter the without-notice rule enumerates, including the applicant's capacity to give an undertaking as to damages. Check the court's current urgent-list and without-notice rules, and confirm each order sought is one the court can make.
Draft the expert brief and review a valuation or family-report draftStart this taskSee suggested levelsWritten for AustraliaDraft instructions from the issues list and table the draft report's assumptions, interviews and recommendations with page cites.YellowClose supervision
  • Remember the expert's duty is to the court; do not coach
  • Check whether the report may be loaded into a tool
Screen the file for family-violence risk and safe-disclosure issuesStart this taskSee suggested levelsWritten for AustraliaFrom permitted intake notes, list risk indicators, existing orders and documents that must not be served or uploaded, for the lawyer's screening.RedLawyer-led
  • Assess the risk yourself
  • Never put safety-location information into a tool
Prepare child-support and maintenance inputs under the Child Support (Assessment) Act 1989ChecklistStart this taskSee suggested levelsPrepare inputs for the Child Support (Assessment) Act 1989 formula and ss 72/90SE maintenance factors from disclosed incomes and care, listing gaps. Not an assessment.YellowClose supervision
  • Leave assessment to Services Australia; an estimate is not an assessment
  • Note only an agreement registered under the Child Support (Registration and Collection) Act 1988 replaces one
  • Verify both parties' latest taxable incomes and care percentages (nights per year)
  • Verify the children's ages and number and any special-needs costs
  • Base spousal maintenance on a ss 72 or 90SE means-and-needs analysis of verified disclosure
  • Check whether alleged family violence (injury, trauma treatment, workforce exclusion) raises needs
Draft submissions, an argument summary and a chronology for the hearingStart this taskSee suggested levelsWritten for AustraliaFrom the affidavits and the issues list, draft a chronology, a case outline and proposed orders with record cites.YellowClose supervision
  • Verify every cite
  • Do not file AI-proposed authorities you have not read
Summarise permitted transcripts and conference records into a working noteStart this taskSee suggested levelsWritten for AustraliaFrom transcripts and conference notes the lawyer has cleared, produce a dated working summary with page cites and a list of undertakings or orders made.YellowClose supervision
  • Check against the transcript, which governs
  • Do not load restricted family-court material into a tool
Draft a mediation or family-dispute-resolution position paper from the disclosure fileStart this taskSee suggested levelsFrom the balance sheet, parenting arrangements and instructions, draft a confidential position paper and an open-issues list.YellowClose supervision
  • Take offers from client instructions
  • Check the paper does not annex restricted material
Trace funds through disclosed bank statements into a source-and-application tableStart this taskSee suggested levelsFrom permitted statements, table large deposits and withdrawals with dates, counterparties and unmatched items for the lawyer.YellowClose supervision
  • Decide dissipation and add-back arguments yourself
  • Do not treat unmatched items as hidden assets
Check an FCFCOA filing against PD-AIChecklistStart this taskSee suggested levelsCommonwealth onlyRun a checklist on accuracy, currency of authorities and whether any embedded "smart" tool was used.YellowClose supervisionVerify authorities and confirm no litigation-abuse use (para 4.20).
Analyse financial disclosure for dissipation and missing documentsChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyFlag income patterns and missing records across bank and super statements.YellowClose supervisionLawyer verifies each flag against the documents.
Comply with FCFCOA PD-AI when preparing documentsChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyCheck documents for AI accountability requirements.YellowClose supervisionCourt users must account for AI use.
Advise a client on using AI for their own affidavitChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyExplain affidavit must be in own words.GreenLawyer reviewFollow Legal Aid NSW guidance.
Locate information within a large family fileChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlySearch and summarise file for specific facts.GreenLawyer reviewLawyer verifies facts.
Check AI case summaries before citing family law principlesChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyVerify AI summaries of key cases.RedLawyer-ledQLS warns AI misstated Baumgartner.
Comply with FCFCOA AI practice direction in family documentsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksCheck affidavits for prohibited AI use and disclosures.YellowClose supervisionLawyer confirms.
Advise a client on risks of using ChatGPT for family law documentsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksDraft a client warning.GreenLawyer reviewLawyer approves.
Summarise financial disclosure documents into an asset pool tableStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksExtract assets and liabilities.YellowClose supervisionVerify against the documents.
Prepare the Family Court of Western Australia Affidavit - General from the proofing noteStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyTurn the proofing note into a first draft of the Affidavit - General on the Court's form.YellowClose supervisionThe deponent reads every sentence and removes anything they did not say.
Prepare the Family Court of Western Australia Affidavit for eFiling DivorceStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyDraft the eFiling divorce affidavit from the marriage certificate and the client's instructions.YellowClose supervisionCheck every date and name against the marriage certificate and the instructions.
Complete Family Court of Western Australia fee exemption form NP14 from the client's financial documentsStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyPlace the client's income and assets onto form NP14.YellowClose supervisionMatch every figure to a source document. Leave blank anything the client has not supplied.
Complete Family Court of Western Australia fee reduction form NP8 for a divorce or nullityStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyPlace the client's details onto form NP8.YellowClose supervisionCheck the form number, the fee type and every figure against the client's documents.
Work through the Family Court of Western Australia Financial Statement kit before the financial statement is filedStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyList the steps and questions in the Court's Financial Statement kit.YellowClose supervisionOpen the Court's kit and delete any step the kit does not contain.
List the questions in the Family Court of Western Australia Superannuation Information KitStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyList the superannuation questions in the Court's kit for the property matter.YellowClose supervisionCheck the list against the kit. Do not add a fund detail the kit and the client did not supply.
Read the Family Court of Western Australia Chapter 19 Costs Notice brochure before giving a costs figureStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyDo not fill figures into the brochure. List the costs entries on the file that a person still has to check.YellowClose supervisionThe forms list publishes a brochure, not a form for the file's costs figures. Do not treat a generated figure as the notice.
Check the Family Court of Western Australia page before assuming an AI practice directionChecklistStart this taskSee suggested levelsWritten for Western AustraliaWestern Australia onlyRecord what the Court homepage and its news list actually say about AI.YellowClose supervisionThe homepage fetched on 10 October 2026 does not state an AI practice direction. Do not treat another court's practice direction as applying in this Court unless this Court's own instrument says so. A practice-direction index was not on that page, so the absence on the homepage is not a finding that no direction exists.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
Courts and ActFederal Circuit and Family Court of Australia (FCFCOA) and Family Court of Western Australia, under the Family Law Act 1975 (Cth) as substantially amended in 2023, 2024 and 2025.
ConfidentialityPart XIVB of the FLA makes unauthorised disclosure a criminal offence. Putting case material into a public AI tool can be an offence, not only a disciplinary breach.
Court AI rulesThe FCFCOA Practice Direction on AI (29 May 2026) binds all court users: verification, accountability, confidentiality and expert certification.
CitationsFabricated citations have already led to regulatory referrals and loss of practising certificate status.
Limits on AI assistance
  • Affidavits, statements and references: line-by-line review; the deponent confirms every fact. NSWSC prohibits AI content (SC Gen 23, from 3 February 2025).
  • Verify every citation on AustLII, Jade or an official report. Dayal [2024] FedCFamC2F 1166 (referral); Mertz & Mertz (No 3) [2025] FedCFamC1A 222 (costs over $46,000, referrals).
  • Lawyer approves all output before it reaches a client, other party or court; no automated sending. The FCFCOA AI Practice Direction holds the practitioner accountable.

Precedents for this area

All precedents for Family Law. Signed-in accounts can read the full text.

Related jurisdictions