Divorce With Children in Northern Territory: Proper Arrangements Explained

Having children under 18 does not prevent you from getting a divorce in the Northern Territory. But it does add one legal requirement: the court must be satisfied that "proper arrangements" exist for the care, welfare, and development of each child before granting the divorce order.

This is not a custody hearing. The registrar is not deciding who gets the kids. They are simply checking that the children are not being left in an unsafe or unresolved situation while the marriage is dissolved.

What the Court Means by "Proper Arrangements"

Under the Family Law Act 1975 (Cth), the registrar reviews five categories of information about your children:

1. Living arrangements — Where each child lives, and how time is divided between parents. This includes overnight stays, weekday routines, and holiday arrangements.

2. Education — Which school or childcare each child attends, who pays the fees, and whether arrangements are stable.

3. Health — Whether each child has access to medical care, a regular GP, and any specialist services they need. You will be asked about Medicare coverage and any existing health conditions.

4. Financial support — How each child's expenses are being funded. This covers child support (whether through a private arrangement or the Child Support Agency), school costs, and day-to-day living expenses.

5. Contact with both parents — Whether the children spend time with both parents, and how communication is managed.

You provide this information within the divorce application itself (Parts D and E on the Commonwealth Courts Portal). There is no separate form — it is built into the guided online questionnaire.

Do You Have to Attend the Hearing?

This depends on how you file:

Joint application — Neither parent is required to attend the hearing, even with children under 18. The registrar reviews your filed application and makes a decision on the papers. This is one of the major advantages of filing jointly when both parties are cooperative.

Sole application — If you have children under 18, the applicant must attend the divorce hearing. This is typically a brief virtual hearing conducted via telephone or video link — you do not need to travel to the Darwin registry. The registrar may ask you to confirm:

• That the living arrangements described in the application are current
• That the children are safe and adequately supported
• Whether there are any pending family court proceedings about custody or parenting orders

If the respondent files a Response to Divorce disputing the arrangements, both parties attend. But this is uncommon — the divorce itself cannot be contested on custody grounds.

Common Concerns

"Will the court reject my divorce if we haven't finalised custody?" No. You do not need a formal parenting order or consent order in place. The court accepts informal arrangements (such as "the children live with mum during the week and spend weekends with dad") as long as the current situation appears safe and stable.

"My ex and I are still arguing about the kids." That is a separate parenting matter and does not block the divorce. The registrar grants the divorce if the children are currently safe. Ongoing custody disputes are handled through separate family court proceedings.

"Do I need to prove child support is being paid?" You need to disclose the financial support arrangements, but the court does not require formal Child Support Agency assessments at the divorce stage. A private agreement is sufficient.

The June 2025 Change

Before June 10, 2025, couples married less than two years had to attend compulsory reconciliation counselling before filing — even if they had children. The Family Law Amendment Act 2024 abolished this requirement entirely. All couples now follow the same process regardless of marriage duration.

Filing the Application

When completing your divorce application on the Commonwealth Courts Portal, answer Parts D and E honestly and in detail. Vague answers like "the children are fine" trigger requisitions (requests for more information), which delay your hearing date.

Be specific: name the school, state the overnight schedule, describe who pays for what. The more detail you provide upfront, the faster the registrar can approve your application without requiring you to attend a hearing or submit supplementary affidavits.

The Northern Territory Divorce Filing Process Guide includes a pre-fill worksheet for the children's arrangements section, so you can draft your answers offline before entering them into the portal.

See more Northern Territory guides →