Family Law
Divorce, child custody and parenting orders, property division, spousal maintenance, family violence protections, child support, and dispute resolution under Australian federal family law.
Divorce
Australia has a no-fault divorce system. This means you do not need to prove that either person did something wrong. The only legal ground for divorce is that the marriage has broken down irretrievabl...
Child Custody (Parenting Orders)
In Australia, child custody is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision about a child must be based on the best interests of the child, which is the p...
Property Division
When a marriage or de facto relationship ends, either party can apply to the court for a property settlement under the Family Law Act 1975 (s 79 for married couples, s 90SM for de facto couples). Ther...
Spousal Maintenance
Under the Family Law Act 1975, a person has a responsibility to financially maintain their spouse or former spouse if that person cannot adequately support themselves (s 72). This is called spousal ma...
Family Violence Protection
The Family Law Act 1975 defines family violence broadly. It includes behaviour that coerces or controls a family member or causes them to be fearful (s 4AB). This covers physical assault, sexual abuse...
Child Support
In Australia, child support is managed under the Child Support (Assessment) Act 1989 and administered by Services Australia (Child Support). Both parents have a legal obligation to financially support...
Family Dispute Resolution
Family dispute resolution (FDR) is a type of mediation specifically designed for family law matters. Under the Family Law Act 1975, you must genuinely attempt FDR before you can file a parenting appli...
De Facto Relationships
Since March 2009, de facto couples (including same-sex couples) in most of Australia have the same rights as married couples for property division and spousal maintenance under the Family Law Act 1975...