Family Law
Divorce, parenting orders, property division, spousal maintenance, family violence, and child support in Australia.
Covered in this guide:
Family law in Australia is federal — the Family Law Act 1975 covers divorce, parenting, property, and spousal maintenance, all heard in the Federal Circuit and Family Court. Divorce is no-fault and needs 12 months of separation. The 2023 amendments removed the equal shared parental responsibility presumption — child safety is now the primary concern. Property splits use a four-step just-and-equitable test, not 50/50. De facto couples get equivalent rights under Part VIIIAB. Child support runs through the Child Support (Assessment) Act 1989.
Key Laws
Family Law Act 1975
Act No. 53 of 1975 (Cth)
Divorce, parenting orders, property division, spousal maintenance
Child Support (Assessment) Act 1989
Act No. 124 of 1989 (Cth)
Child support assessment formula and collection
Marriage Act 1961
Act No. 12 of 1961 (Cth)
Requirements for valid marriage, celebrant registration
Family Law Amendment Act 2023
Act No. 14 of 2023 (Cth)
Removed equal shared parental responsibility presumption, prioritised child safety
Divorce
Australia has a no-fault divorce system. There's no need to prove anyone did anything wrong — the only ground is that the marriage has broken down irretrievably, demonstrated by living separately for...
Child Custody (Parenting Orders)
Child custody in Australia is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision is based on the best interests of the child, which the Act marks as the paramou...
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. Th...
Spousal Maintenance
The Family Law Act 1975 imposes a duty to financially maintain a spouse or former spouse who cannot adequately support themselves — section 72. The remedy is called spousal maintenance, and the thresh...
Family Violence Protection
The Family Law Act 1975 defines family violence broadly. Section 4AB captures behaviour that coerces or controls a family member or causes them to be fearful — physical assault, sexual abuse, stalking...
Child Support
Child support in Australia runs under the Child Support (Assessment) Act 1989, administered by Services Australia. The principle is simple: both parents are financially responsible for their children....
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...