What Is the Less Adversarial Approach in Family Law?

If you’re involved in a family law matter—especially one that relates to parenting or property disputes—you may have heard of the “less adversarial approach.” This method is designed to make the court process more approachable, less stressful, and better suited to resolving sensitive family issues.

Rather than pitting parties against each other, it focuses on cooperation, communication, and outcomes that prioritise the best interests of your family.

Here’s what the less adversarial approach means for you and your case.

What Is the Less Adversarial Approach in Family Law?

The term “less adversarial” refers to a style of legal process that moves away from the traditional, confrontational courtroom model. Instead of each party preparing for a legal battle, the court takes a more active role in managing the proceedings and guiding discussions.

In this setting, the judge often works directly with you and the other party to identify the main issues and reach resolutions more efficiently. It’s less about proving who’s right or wrong and more about finding practical solutions, especially when children are involved.

This approach aims to reduce stress, intimidation, and lengthy delays that can occur in a more formal, adversarial trial process.

Key takeaway: The less adversarial approach is a court process that focuses on collaboration and resolution, not conflict and argument.

When Does It Apply?

As of recent reforms in Australian family law, this approach is automatically applied to all parenting matters. If your case involves the care, welfare, or parenting responsibilities for a child, the court will use this method from the beginning.

For non-parenting matters—such as property and financial disputes—the less adversarial approach can still be used, but only under certain conditions. These include:

• If both parties agree to use it, or
• If the court decides it’s appropriate based on the circumstances.

This change gives you and the other party more flexibility in how your case is managed, even in financial disputes that don’t involve children.

Key takeaway: Parenting cases always follow the less adversarial model, while property matters can use it with consent or court approval.

How the Process Differs From Traditional Court Hearings

In a traditional hearing, you might find yourself navigating a complex legal process filled with formalities and rigid evidence rules. The less adversarial approach simplifies many of these steps.

Some of the key differences include:

• Judges actively managing the proceedings.
• Greater use of plain language and informal dialogue.
• More opportunities for each party to speak directly with the court.
• Flexibility in how evidence is presented.
• Use of technology, such as video or phone hearings, especially in cases involving family violence.

The court may also choose not to apply certain evidence rules unless there’s a clear reason to do so. This makes it easier for you to share your side of the story without being caught up in technical legal procedures.

Key takeaway: The process is more flexible and supportive, helping you focus on resolving issues rather than navigating legal complexities.

Why It’s Especially Helpful in Cases Involving Family Violence

The less adversarial approach is particularly supportive of people affected by family violence. In such cases, the court can make arrangements to reduce confrontation, such as allowing you to attend hearings remotely or through separate entry points at court.

It can also admit evidence about the impact of family violence, even if that evidence might not usually be allowed under standard rules. This helps ensure that your experience is properly understood and considered when making decisions about parenting or property.

These steps are designed to create a safer and more manageable environment for you, so you can participate in the process without being retraumatised.

Key takeaway: If you’ve experienced family violence, this approach can help reduce contact with the other party and make it easier to have your voice heard.

What You Can Expect in Practice

If your matter is dealt with using the less adversarial approach, you may notice:

• A more focused and streamlined hearing process.
• Less paperwork and fewer procedural delays.
• An emphasis on your child’s best interests in parenting matters.
• Encouragement to resolve disputes early, without the need for a full trial.

While this approach doesn’t eliminate legal disagreement, it does aim to reduce the emotional and financial cost of family law proceedings.

Key takeaway: The process is designed to support faster, more respectful resolution of family law issues, especially those that impact children or involve ongoing relationships.

Family law can be daunting, especially during emotionally charged times like separation or divorce. The less adversarial approach aims to make that journey easier by prioritising respectful communication, early resolution, and a supportive courtroom experience.

Whether you’re resolving a parenting arrangement or discussing property division, knowing that there’s a more human, cooperative process available can ease your concerns and help you focus on what truly matters—your well-being and your family’s future.