Going to court for spousal and de facto maintenance

Preparing for court

Check your court date, time and location

Before your court date, make sure you know:

• the date and time you need to be at court
• whether your hearing will be by telephone, Microsoft Teams, Webex, or in person.

If you are attending by phone, make sure you have the phone number and dial-in details ready. You can these in the daily court lists, above the name of the presiding judicial officer.

If you are attending by video, you can find the link:

• in the daily court lists, or
• on the Commonwealth Courts Portal in the Court Events and Orders section.

If you are attending in person, check:

• the court’s address
• how long it will take you to get to court
• where you can park
• your bus or train timetable.

You can find the details of your next court event on the Commonwealth Courts Portal or the Daily court lists from 4pm the day before your court date.

If you have trouble remembering important dates, set yourself a reminder.

Finding your courtroom

If you are attending court in person, arrive at least 30 minutes early. This gives you time to go through security and find your courtroom. 

To find your courtroom, check the court lists in the foyer of the courthouse. If you can’t find them, speak to the registry staff for help. 

You can check the Daily Court Lists online the day before the hearing.

When you arrive at court, check the court lists again in case your courtroom has changed.

Stay safe at court

If you are worried about your safety at court, you should speak to the court registry at least five working days before your court date.

The court can take steps to ensure your safety, including:

• giving you access to the safe room
• allowing you to enter and leave the courthouse from a different exit
• allowing you to attend by phone or video
• allowing you to bring a support person
• closing the court to the public
• preventing certain people from being in the courtroom.

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website.

Arrange an interpreters or other support

If you need an interpreter, you should arrange one before your court date.

If you can’t afford an interpreter, the court may be able to provide one for you. You should contact the court at least two weeks before your court date.

For more information about how to arrange an interpreter, see Interpreter policy and guidelines on the Federal Circuit and Family Court of Australia website.

If you have a disability, medical condition or other special needs, you should contact the court at least one week before your court date to discuss what assistance is available. 

For more information, see Court support on the Federal Circuit and Family Court of Australia website.

Bring a support person

You can bring a support person with you to court, such as a friend or relative.

Your support person may sit at the back of the courtroom. If you do not have a lawyer, your support person may be allowed to sit with you.

The judicial officer will decide how much your support person can be involved in the hearing.

Joint property and maintenance cases

Property and maintenance are separate issues. However, you can apply for both orders at the same time.

If you have applied for both property and maintenance orders, the court will usually decide what property orders to make first, unless your application for maintenance is urgent. This is because the way property is divided may affect what maintenance orders the court should make.

For more information, see Joint property and maintenance cases.

The decision

The court can make the maintenance orders it considers proper in the circumstances.

When deciding whether to make a maintenance order, the court must consider:

• the impact of any family violence between you or your ex-partner
• the applicant’s reasonable living expenses
• whether the applicant can support themselves from their own income or assets
• whether the respondent can afford to pay maintenance
• what orders are reasonable in the circumstances.

The court does not automatically make a maintenance order just because one person needs financial support and the other person can afford to pay.

The court will consider all of the circumstances before making a decision.

For more information, see How the court decides spousal and de facto maintenance cases.

Types of maintenance orders

The court can make different types of maintenance orders, including:

• urgent orders for financial support that is needed immediately
• interim orders for financial support while the case is still being decided
• final orders that set out the long-term arrangements
• periodic maintenance, such as weekly, fortnightly or monthly payments
• lump sum maintenance
• maintenance through the transfer of property.

The court usually makes interim maintenance orders. These orders may continue until the court makes another order or until property matters are finalised.

In some cases, the court can make final orders for ongoing maintenance.

The court can order maintenance to be paid:

• only for a set period of time, or
• without an end date.

For more information, see Spousal and de facto maintenance orders.

Costs

Usually, you and your ex-partner have to pay your own legal costs in maintenance cases. However, the court order one person to pay some or all of the other person’s legal costs if the circumstances justify it. This is known as a costs order.

You can apply for a costs order:

• at any time during your case, or
• within 28 days after the court makes final orders
• within 28 days after the other party ends (discontinues) their case.

For more information, see Costs in property and maintenance cases.

Death of a party

If someone dies before final orders are made, when the court is still considering an application for maintenance, the case will be dismissed.

If someone dies after an order for maintenance is made, the order will automatically end.

This is different to a binding financial agreement, which is stays in force after one person dies, unless the agreement specifically says otherwise.

Last updated: August 2026