How Long Does It Take To Resolve A Family Court Case

The better question may be how long is a piece of string? The time it takes to resolve a family law case in Australia can vary significantly depending on the complexity of the case, and whether its settled by agreement or requires a final hearing.

Most family law cases are intended to be resolved within 12 months of filing an application with the Court, but actual duration can range from several months (for simple, consent matters) to 2–3 years (for complex, contested cases). The length of negotiations outside of Court, early settlement, compliance with requests and directions, and effective case management can significantly reduce the time to resolution.

Simple or Agreed Matters (eg. Consent Orders)

Timeframe - 1 to 6 months

If both parties agree on parenting or property arrangements and file consent orders with the Federal Circuit and Family Court of Australia (FCFCOA), it’s often resolved relatively quickly and no court appearance is usually needed.

Mediated or Negotiated Settlements (eg. through family dispute resolution or lawyers)

Timeframe - 3 to 12 months

Most family law matters are settled before a final hearing/trial. You may go through mediation or negotiate through your lawyers.

The timing depends on cooperation between parties, compliance with requests for disclosure and availability of family dispute resolution practitioners.

Litigated matters (eg. Court)

Timeframe -  1 to 3 years (sometimes longer)

The Federal Circuit and Family Court of Australia (FCFCOA) manages family law proceedings under the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). The Central Practice Direction – Family Law Case Management sets out the expected case management pathway and indicative timeframes.

Statutory and Practice Direction Guidance

• Central Practice Direction – Family Law Case Management: The Court aims to have most family law matters resolved within 12 months of filing. This is a guideline, not a strict rule, and actual timeframes may vary.
• Section 60I, Family Law Act 1975 (Cth): Requires parties in parenting matters to attempt Family Dispute Resolution (FDR) before commencing proceedings, unless exempted (e.g., urgency, family violence).

Typical Timeline for Family Law Proceedings

1. Pre-action Procedures

• Family Dispute Resolution (FDR): Mandatory for parenting matters (unless exempt). This can take several weeks to a few months, depending on availability and willingness of parties.
• Genuine Steps Certificate: Required to demonstrate attempts at resolution.

2. Filing and Service

• Initiating Application: Once filed, documents must be served on the other party.

3. First Court Event

• Timing: Usually listed 1–2 months (4–8 weeks) after filing, depending on the Court’s schedule and urgency (see FCFCOA Practice Direction).

4. Interim Hearings (if required)

• Timing: If urgent interim orders are sought, a hearing may be listed within weeks, but more commonly within 2–6 months of filing, depending on urgency and Court capacity.

5. Dispute Resolution/Mediation

• Timing: Court-ordered mediation or dispute resolution is typically scheduled within 5 months of filing.

6. Compliance and Readiness Hearing

• Timing: Usually occurs around 6 months after filing, to ensure all directions have been complied with and the matter is ready for final hearing.

7. Final Hearing

• Timing: The Court aims to list final hearings within 12 months of filing. However, in practice, complex matters or those requiring multiple interim hearings, expert reports, or involving significant allegations (e.g., family violence, child abuse) may take longer—often 12–24 months, and in rare cases, up to 2–3 years.

8. Judgment

• Timing: Judgment is typically delivered within 3 months of the final hearing, but may be delayed in complex cases.

Factors Affecting Duration

• Complexity of Issues: Cases involving significant assets, complex parenting disputes, or allegations of risk take longer.
• Urgency: Urgent matters (e.g., risk to children) may be expedited.
• Court Resources and Caseload: Backlogs or judicial availability can cause delays.
• Compliance and Conduct of Parties: Non-compliance, repeated applications, or self-represented litigants can extend proceedings.
• Settlement: Matters resolved by consent (e.g., consent orders) are finalised much more quickly—often within weeks to a few months.

Summary Table: Indicative Timeframes

Caveats and Limitations and Factors that may affect the timeline

• The 12-month resolution target is aspirational; actual timeframes depend on several factors.
• Urgent matters may be resolved more quickly; complex or high-conflict matters may take significantly longer.
• The Court retains discretion to adjust timelines to ensure justice and the best interests of children.
• Parenting matters are often prioritised over property but still face delays.
• If you can’t reach agreement and need a Judge to decide, delays can be long due to Court backlogs.
• Interim orders may be made early, but final orders may not happen for a year or more.
• Allegations of Family violence or risk
• Court location
• How many directions/ interim hearings are needed
• Whether both parties follow court timelines
• Availability of experts (eg. Valuers, family reports)

If you are looking for more information or seeking guidance for your individual case, contact our Family Law team today.