It usually comes on an ordinary day, with a knock at the door, an envelope handed over, and just like that, you’re holding family court papers. It’s a strange moment. Time slows down. You might have had a feeling this was coming, or it might be a total shock. Either way, it’s a lot to take in.
And that’s completely okay.
Most people don’t expect to be in this situation, and even fewer feel ready when it happens. The language in those documents can feel cold, but what you’re feeling in response is anything but. It’s not just legal paperwork. It’s your family, your future, and all the uncertainty that comes with change.
You don’t need to have all the answers today. Right now, the most important thing is just to pause, take a breath, and start to make sense of what you’ve been given, with one small step at a time. That’s what this guide is for. Whether the issue is parenting, property, or divorce, we’ll walk through it together, in plain terms, with your rights and your wellbeing front of mind.
Take a moment. Breathe. Then go through the documents carefully. In most cases, you’ll have received an Initiating Application, a formal request asking the court to make a decision on parenting arrangements, property matters, or a divorce.
If it’s a divorce application, and you don’t oppose it, you may only need to return the Acknowledgement of Service. But if you want to challenge the grounds or correct details, you’ll need to file a Response to Divorce.
For all other family law issues, including financial and parenting disputes, you’ll usually need to prepare a response document that sets out your position. It’s your chance to outline what you agree with, what you dispute, and what alternative orders you’d like the court to consider.
If you’re not sure whether a consent order might apply or if more formal action is needed, now’s the time to ask.
Once you’ve been served, you have 28 days to file your response. That deadline matters. Missing it means the court can make decisions without hearing your side, and that can be difficult to undo.
Sometimes, the papers you receive might include an urgent response family court application, for example, one seeking interim orders about parenting or finances. If that’s the case, timelines may be even shorter.
Even if you’re someone who normally handles things on your own, this is a moment where legal advice can make all the difference. Not because you’re looking for a fight, but because understanding your rights clearly will help you make better decisions.
A solicitor can help you:
And if your matter involves business interests or property, it’s especially useful to understand how the court values the asset pool or how that plays out in real terms for families.
Depending on what kind of application you’ve received, you’ll need to complete one or more of the following:
If you’re not disputing anything, you might be able to file a Submitting Notice instead. This tells the court you’re aware of the application but don’t wish to be heard.
And if you want to correct the record without opposing the divorce itself, you can file an Affidavit explaining the disputed facts. Just make sure it’s done at least seven days before the hearing.
Once your forms are ready, they need to be filed, usually online through the Commonwealth Courts Portal. If you're not able to e-file, there are paper options, but timeframes still apply.
After filing, you’re legally required to serve the documents on the other party. That just means making sure they receive a copy, either by email, post, or in person, depending on their nominated method.
If you’ve made genuine attempts to serve them and haven’t been successful, it may be worth exploring substituted service or applying for dispensation. In cases like these, having help to navigate the process can prevent delays.
Responding to a court application is emotional. You might be angry, confused or hurt, especially if the application paints an unfair picture.
But your response isn’t the place to vent. It’s a legal document, and it should be calm, relevant, and supported by facts.
That might mean including financial documents, communication records, or parenting schedules. If the dispute involves a business, it helps to understand how family businesses are valued in divorce and to reflect that properly in your affidavit.
The goal is to help the court understand your position clearly and to support your case with the right evidence.
If the matter is going to court, whether for interim orders or to start the formal process, you’ll likely have a first court date scheduled.
This is often a procedural event: setting timelines, identifying issues, and reviewing urgent applications. If you've opposed a divorce, attendance is required. If not, it may still be a good idea to show up.
Your solicitor will let you know what to expect, what documents to bring, and how to respond if the other party is asking for urgent changes to existing arrangements. And if you already have orders in place that no longer work, you may want to explore whether you can change final parenting orders based on your current circumstances.
These matters take time. Even after you’ve filed your response, you might need to:
Throughout it all, try to stay in regular contact with your solicitor, and take care of your emotional well-being too. The process is legal, yes, but it’s also deeply human. There’s stress, uncertainty, and sometimes grief mixed in with it all.
For some people, it helps to understand what happens if you're served unexpectedly or how cases like yours are managed over time. The more informed you are, the more grounded you’ll feel.
This stuff isn’t easy. It’s not just about forms and timelines. It’s about what happens to your kids, your home, and your peace of mind. And when you’re already carrying a lot, getting served can feel like the moment everything spills over.
Maybe you’re still processing it. Maybe you’ve read the paperwork three times and still feel like you’re missing something. That’s okay. You’re not expected to have it all figured out on day one. What matters most is that you don’t ignore it and that you don’t try to do it all alone.
Even just having someone explain what the documents mean in plain language can take the weight off. Talking through your options with someone who understands how this all works and who’s done it many times before can shift the whole experience from panic to clarity.
So if things feel messy or confusing right now, just know you don’t have to keep carrying it on your own. Reach out to us when you’re ready. Whether you want to start taking steps or just get a better sense of where you stand, we’ll meet you there, calmly, honestly, and with your future in mind.
