An Interim Order in family law is a temporary court order made before a final decision is reached. It can address urgent issues like parenting arrangements, property use or financial support. You might need one when immediate clarity or protection is required during separation or associated legal proceedings. They provide temporary, legally enforceable arrangements while a family law matter is ongoing.
What is the purpose of an interim order in family law?
Interim orders in family law are temporary orders made by the Family Court or Federal Circuit Court to address urgent matters that can’t wait until a final hearing. They are commonly used to manage immediate issues relating to parenting arrangements or financial needs. These orders provide short-term stability and support for the parties involved, helping to ensure children’s wellbeing and secure fair access to financial resources during what can often be a lengthy legal process.
Interim orders are particularly important given the delays in the family law system, final hearings can sometimes take 12 months or more. Interim measures help bridge that gap by putting temporary protections and arrangements in place. Understanding how interim orders work is essential, as they can influence the direction of your case, affect day-to-day life, and may even shape the final outcomes made by the court.
Can’t we just get final orders?
In many cases, yes, you can go straight to final orders, especially if both parties agree on all issues early on. Final orders provide a long-term, legally binding resolution without the need for interim steps.
However, if there’s disagreement, urgency or risk, like concerns about parenting arrangements, financial pressure or access to assets, the court may need to make Interim Orders to manage things in the meantime. They help ensure stability and safety until the final outcome is decided, either by agreement or through a hearing.
A family lawyer can help you determine whether you can aim directly for final orders or if interim steps are needed to protect your interests.
Will we need them for our property settlement or parenting matters?
You might need Interim Orders if there are urgent or unresolved issues that can’t wait until the final hearing. For parenting matters, this could include who the children live with or spend time with. For property matters, it might involve access to assets, financial support or use of the family home.
If you and your former partner can’t agree early on, applying for Interim Orders may help provide structure and protection while the broader issues are being worked through. It’s best to get legal advice to assess whether they’re needed in your situation.
How long does an interim order last for?
Interim Orders can last until the court makes a final order or until the parties reach an agreement. Depending on the complexity of the case and the time it takes to resolve the matter fully, this could be weeks, months or even longer.

What can interim orders address?
Parenting Interim Orders can deal with immediate care arrangements for children, such as who they live with, how much time they spend with each parent, changeover locations, communication, even schooling and medical decisions. These orders help provide structure and stability while a final parenting plan is being resolved.
Property Interim Orders may cover urgent financial issues like who stays in the family home, access to joint funds or bank accounts, debt payment or temporary spousal maintenance. They’re designed to manage day-to-day needs and protect assets while longer-term property settlement negotiations or proceedings take place.
Can assets be protected with interim property settlement orders?
Interim property orders can also include injunctions to prevent one party from selling, transferring or disposing of assets. Injunctions are commonly used to protect assets. For example, the court might order that a house can’t be sold, money can’t be moved from a joint account, or a business can’t be transferred.
This helps prevent one party from reducing or hiding assets before the final property settlement, protecting the property pool and ensuring that everything remains available for fair division once the final orders are made. These types of orders are often used when there’s a risk that assets could be moved or reduced before settlement.
Types of interim financial orders
Interim Financial Orders provide temporary financial arrangements during family law proceedings, especially when urgent financial protection or management is needed. They can cover a range of situations, including:
- Investigations: Interim orders can secure funds or assets while financial investigations are underway to prevent misuse or loss.
- Bankruptcy: They may protect the financial interests of parties if bankruptcy issues arise, ensuring fair treatment of assets.
- Superannuation Flagging: Courts can place a “flag” on superannuation accounts to prevent transactions or withdrawals, safeguarding these assets until final orders.
- Spousal Maintenance: Interim spousal maintenance orders offer temporary financial support to help meet living expenses during separation or divorce proceedings.
- Stays: Interim orders can include stays that temporarily pause actions like property sales or debt repayments to maintain the status quo during disputes.
- Injunctions: A specific type of interim order that enforces restrictions or actions immediately to protect financial interests, used to stop one party from selling, transferring, hiding or damaging assets prior to property settlement.
These orders help manage financial risks and ensure assets remain protected until a final property settlement is reached.

Types of interim parenting orders
Interim Parenting Orders provide temporary arrangements during family law proceedings to address urgent child-related matters. They help ensure the child’s safety, wellbeing and stability while longer-term decisions are being made. These orders can cover a variety of situations, including:
- Relocation: Temporary permission or restrictions on a parent moving with the child interstate or overseas during proceedings.
- Recovery Orders: Arrangements for the safe return of a child to a parent’s care if they have been wrongfully removed.
- Parent Ordered to Rehab or Mental Health Support: The court may mandate a parent to undergo drug testing, treatment or counselling for a parent’s wellbeing and child safety reasons.
- Family Court Reports: Interim orders may be made while a family report or other relevant reports are gathered to assess the child’s best interests.
- Children’s Health or Schooling Matters: Temporary decisions on medical care, education, or extracurricular activities while final parenting orders are pending.
How are interim orders made?
Interim orders are made through a formal application to the Federal Circuit and the Family Court of Australia. You or your lawyer submits a request outlining any urgent issues and immediate concerns needing temporary resolution. The court may hold a hearing where both parties present their case. Based on the evidence and circumstances, the judge decides whether to grant the interim orders.
What are the costs involved with interim orders?
Costs for interim orders vary depending on the complexity of your case and whether you use legal representation. You may incur fees for filing applications, court hearings and legal advice. Typically, you will incur separate costs for interim and final orders since they involve different court applications and hearings.
However, some legal fees may overlap, and your lawyer can advise you on how to best manage costs. It’s important to discuss fee structures with your family lawyer to plan your expenses effectively.
What happens at an interim hearing?
An interim hearing is a court process in Australian family law in which a judge or registrar makes temporary orders to address urgent parenting or financial matters before a final hearing. These interim orders remain in place until final orders are made by agreement or by the court.
The process involves the court reviewing written material, including applications, affidavits, and submissions from both parties. At this stage, witnesses are usually not cross-examined, which means the court does not make findings on disputed facts.
Because the hearing relies only on the written evidence provided, the court will make decisions based on what appears to be in the best interests of the children in parenting cases, or what is just and equitable in property matters.
While interim hearings are not intended to be final, the outcomes can strongly influence the direction of the case. Interim arrangements often become the practical status quo, which can shape future negotiations or final orders. For this reason, careful preparation and legal advice are important.
Using mediation or Family Dispute Resolution to reach agreement more efficiently
Dispute resolution in family law plays a key role in helping parties move beyond temporary arrangements and reach final parenting or property agreements without prolonged litigation. Methods such as mediation, negotiation, and family dispute resolution (FDR) offer a structured but less adversarial setting in which to resolve disputes after interim orders are in place.
Under the Family Law Act, parents are generally required to attempt family dispute resolution before applying for parenting orders unless there are concerns such as family violence, child safety risks, or possible child abuse. In property matters, early negotiation or mediation is strongly encouraged to reduce delays and avoid unnecessary legal costs.
For families already operating under interim orders, engaging in dispute resolution can be an effective way to resolve outstanding issues and transition to final orders. This allows parties to tailor long-term arrangements that better reflect their circumstances and the best interests of any children involved.
An experienced family lawyer can assist you through this process by helping you prepare for mediation, protecting your legal rights, and ensuring that any agreement you reach is both fair and enforceable. Reaching final orders through dispute resolution can bring closure sooner, reduce court involvement, and allow families to move forward with greater certainty.
How long will it take to get final orders?
The time to get final orders varies widely depending on case complexity, cooperation between parties, and court availability. Simple, uncontested matters might take a few months, while contested cases can take a year or longer. Your lawyer can provide a more precise timeline based on your specific situation. There may also be lengthy delays experienced due to the court’s current backlog
Preparation for a final hearing in family law
Preparing for a final hearing in family law requires thorough planning, compliance and strong legal support. This stage involves presenting your case in full, so careful attention to detail is essential.
Parties must ensure they meet all court deadlines and procedural requirements. This includes filing affidavits, financial documents, witness statements, and expert reports, as well as attending all scheduled court dates. The court will rely on this material, along with oral evidence and cross-examination, to make final decisions.
An experienced family lawyer plays a critical role in guiding you through this process. They can help develop your legal strategy, prepare persuasive submissions and ensure you are fully informed and supported in court. Because the outcome of a final hearing can permanently shape parenting arrangements or financial settlements, careful preparation gives you the best chance of achieving a fair and favourable result.
How a family lawyer can help
An experienced family lawyer is essential in helping you through the family law system, especially when dealing with interim orders, parenting proceedings or financial matters. Whether you’re the party seeking orders or responding to an application from the other parent, legal advice can make all the difference.
A family lawyer provides strategic guidance through both interim hearings and final hearings, helping you understand your rights and responsibilities, including matters of parental responsibility, shared care and property settlement. They also ensure you meet the Family Law Court’s requirements, from preparing financial statements to presenting evidence and submissions that support your position.
If there’s a significant change in circumstances, your lawyer will ensure your case remains strong and up to date. They can also help you explore consent orders, negotiate with the other party, and manage unexpected court issues if they arise.
Ultimately, a trusted family lawyer does more than prepare documents; they protect your interests, help secure immediate relief on an interim basis, and work towards the best possible outcome in the long term. Seeking legal advice early is one of the most important steps you can take in any family law matter – get in touch with our team for a free 15-minute chat about your matter.