Family law in Australia is mostly federal law, run under the Family Law Act 1975 (Cth) and decided in a single national court. It covers divorce, parenting arrangements, dividing property and finances after separation, spousal maintenance and, outside Western Australia, de facto relationships. This page explains how the system works in plain English, and how Legal Hotline can give you free information now and help you book a fixed-fee consultation with an admitted Australian lawyer if you want advice on your own situation.
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Family law is one of the areas the Australian Constitution hands to the Commonwealth, so it works differently from criminal, traffic, drink-driving or wills matters, which are state and territory law and differ from one state to the next. With family law, the same federal rules apply whether you live in Sydney, Brisbane, Hobart or Darwin. The governing statute is the Family Law Act 1975 (Cth), and most matters are heard in the Federal Circuit and Family Court of Australia, which is the single point of entry for family law in every state and territory except Western Australia.
Because NSW, Victoria and Queensland referred their powers to the Commonwealth, there is no separate state family law Act in those states — federal law governs marriage, divorce, parenting, property and de facto matters. Western Australia is the exception. WA did not refer its de facto powers, so de facto property and parenting disputes there run under the Family Court Act 1997 (WA) and are heard in the Family Court of Western Australia. Married couples in WA still divorce under the federal Act.
Divorce in Australia is no-fault. The only ground is that the marriage has broken down irretrievably, shown by living separately and apart for 12 months. The court does not look at who was to blame, and a divorce order is a separate thing from sorting out parenting or property — those are decided on their own merits and can be dealt with before or after the divorce.
Parenting decisions turn on the best interests of the child. The Family Law Amendment Act 2023 (Cth), which commenced on 6 May 2024, removed the old presumption of "equal shared parental responsibility" and the related equal-or-substantial-time considerations. The court now assesses the best interests of the child against a revised statutory framework rather than starting from any presumption about time or responsibility. Before filing most parenting cases, parties are generally expected to attempt family dispute resolution and obtain a section 60I certificate from an accredited practitioner, with exceptions for family violence, urgency or risk to a child.
Property settlement follows a structured approach: identify and value the asset pool, assess each person's financial and non-financial contributions, weigh future needs (such as care of children, age, health and earning capacity), then stand back and consider whether the overall result is just and equitable. Child support is handled separately again — it is administered by Services Australia under a statutory formula in the Child Support (Assessment) Act 1989 (Cth), not decided by the courts in the ordinary case.
Legal Hotline is a free, 24/7 legal-information service operated by Platfirm AI. We are not a law firm. When you call, you can talk through your family law situation and get clear, general information — how separation and divorce work, what the parenting and property frameworks involve, what a section 60I certificate is, and where the official resources sit, such as Family Relationships Online (which runs the Family Relationship Advice Line on 1800 050 321) and your state's legal aid commission, like Legal Aid NSW, Victoria Legal Aid or Legal Aid Queensland.
There is an important line here. Legal information is general — it explains how the law works for people in your position. Legal advice is a lawyer applying the law to your specific facts and telling you what you should do. We give you the information for free; we do not give advice. When your matter needs advice — working out a likely property split, responding to an application, an urgent parenting or safety issue — we can help you book a fixed-fee consultation with an admitted Australian lawyer, so you know the cost up front and speak to a qualified person.
If safety is the issue, do not wait for us. Call 000 in an emergency. Protection orders are state and territory law (called AVOs, IVOs, DVOs or restraining orders depending on where you live) and the process and penalties differ by state, so this is exactly the kind of matter where speaking to a lawyer or your local court matters. You can read more about the federal framework at the Attorney-General's Department.
Is family law the same across all Australian states?
Largely, yes. Family law is mostly federal: divorce, parenting, property settlement, spousal maintenance and (outside Western Australia) de facto matters all run under the Family Law Act 1975 (Cth) and are heard in the Federal Circuit and Family Court of Australia. This is different from criminal, traffic and wills matters, which are state and territory law and vary from state to state. The main family law exception is Western Australia, where de facto matters run under the Family Court Act 1997 (WA) in the Family Court of WA.
How long do I have to be separated before I can divorce?
You must have been separated for at least 12 months before applying for a divorce. Divorce in Australia is no-fault — the court does not consider who was at fault, only that the marriage has broken down irretrievably. You can be separated while still living under the same roof in some circumstances. A divorce order is separate from sorting out parenting and property, which are dealt with on their own.
Do I have to go to court to sort out parenting or property?
Often, no. Many couples reach their own agreement, and for parenting matters you are generally expected to attempt family dispute resolution and obtain a section 60I certificate before filing, unless an exception applies (such as family violence, urgency or risk to a child). Agreements can be formalised through consent orders or, for property and maintenance, a binding financial agreement. Going to court is usually a last resort when agreement is not possible.
How is child support worked out?
Child support is handled separately from the courts. It is administered by Services Australia under a statutory formula set by the Child Support (Assessment) Act 1989 (Cth). The formula considers both parents' incomes, the number and ages of the children, and the care arrangements. You can apply for an assessment through Services Australia rather than going to court.
What changed in the 2023 parenting law reforms?
The Family Law Amendment Act 2023 (Cth), which commenced on 6 May 2024, removed the presumption of equal shared parental responsibility and the related equal-or-substantial-time considerations. The paramount consideration in any parenting decision is the best interests of the child, now assessed against a revised statutory framework rather than a starting presumption about time or responsibility. The Attorney-General's Department has more on the current children and family law framework.
What can Legal Hotline actually do for me?
We give you free legal information, 24/7, and can help you book a fixed-fee consultation with an admitted Australian lawyer if you want advice on your own situation. We are not a law firm, so we explain how the law works rather than telling you what to do in your specific case — that is what the lawyer's consultation is for. If there is a safety risk, call 000; you can also reach the Family Relationship Advice Line on 1800 050 321 via Family Relationships Online.
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