Family Law Act 1975 (Cth)
The foundation of Australian family law. This comprehensive guide explains the key provisions affecting divorce, property settlement, and parenting arrangements.
Key Parts of the Act
The Family Law Act is divided into parts covering different aspects of family law
Children
The framework for parenting arrangements, focusing on the best interests of the child as the paramount consideration.
Property, Spousal Maintenance & Maintenance Agreements
The four-step process for dividing assets and determining spousal maintenance obligations.
Binding Financial Agreements
Legally binding agreements that can contract out of the property settlement regime.
Superannuation
Special provisions for treating superannuation as property and splitting it between parties.
Fundamental Principles
Core principles that underpin Australian family law
The paramount consideration in all parenting decisions. Courts must prioritise what is best for the child, not what parents want.
Australia has a no-fault divorce system. The only ground is irretrievable breakdown, demonstrated by 12 months separation.
Full and frank disclosure of all financial circumstances is required. Non-disclosure can result in orders being set aside.
Property orders must be just and equitable in all the circumstances, not necessarily equal.
Section 60I requires genuine attempt at Family Dispute Resolution before filing parenting applications (with exceptions).
Section 79: Property Settlement
The four-step process for dividing property
Identify & Value
Identify the asset pool and value all property, liabilities, and superannuation at the relevant date.
Contributions
Assess financial and non-financial contributions including homemaker and parent contributions.
Future Needs
Consider Section 75(2) factors: age, health, income capacity, care of children, etc.
Just & Equitable
Ensure the proposed order is just and equitable in all circumstances.
Historical Development
How the Family Law Act has evolved
- 1975Family Law Act 1975 enacted - introduced no-fault divorce
- 1983De facto relationships included in some states
- 1995Major amendments to children's provisions
- 2006Shared parenting reforms introduced
- 2008De facto couples brought under federal jurisdiction
- 2012Family violence amendments
- 2021Federal Circuit and Family Court merger
- 2024Independent Children's Lawyer reforms
Official Sources
- Federal Register of Legislation (legislation.gov.au)
- Federal Circuit and Family Court of Australia
- Family Court of Western Australia
- Legal Aid in your state/territory