Commonwealth family law
The Commonwealth family law system provides different ways to sort out your family arrangements if your relationship breaks down. See Relationship breakdown.
The main law governing families, children and property disputes is the Family Law Act 1975. This law covers people in all states and territories of Australia.
Western Australia has its own Family Court Act 1997, but its family law and court process is similar to the rest of Australia.
The law on child support is set out in the Child Support Assessment Act 1989 and its regulations. See Child support and maintenance.
Commonwealth family law and children
The main goal of Commonwealth family law is to encourage parents to try to agree on arrangements for children and to sort out any disagreements away from the court if possible.
The law looks at:
When the court makes a parenting order, the starting point is the court assuming that parents have equal shared responsibility for children after separation except where there is family violence or abuse. See Parenting orders and Deciding children's best interests.
The law balances the need for children to have a meaningful relationship with each of their parents and others who are important in their lives with their need to be protected from physical and psychological harm, which includes being neglected or seeing family violence.
Parents must try to come to an agreement about arrangements for children before they apply to court.
Parents can use the dispute resolution services provided at Legal Aid Queensland, a Family Relationship Centre or other family dispute resolution service to help them work out arrangements. There are exceptions to this rule, including where there is family violence or child abuse. See Family and domestic violence.
The law covers issues such as arrangements for where children live, who they may spend time and communicate with, and who is financially responsible for their care.
Other disputes
The law also covers property disputes, spousal maintenance and divorce. For property, the court looks at the contributions made and the future needs of each person involved. See Dividing your property, Spousal maintenance and Divorce.
If you were married and you want the court to make an order you must apply for a property settlement and/or spousal maintenance within 12 months of your divorce being made final.
De facto couples in Queensland, who separated after 1 March 2009, must apply within two years of separation. In special circumstances you can apply to the court for a property settlement if you are ‘out of time’. Get legal advice.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.