Family Law Act 1975
The Australia Family Law Act 1975 (the Act) is the primary federal legislation governing family law issues in Australia. It covers a number of critical areas, including divorce proceedings, parenting arrangements, and property interests. Understanding what this legislation contains and how it relates to your case is critical.
Key takeaways
Family law matters
The Family Law Act covers most family law issues. It provides definitions, eligibility criteria, and the legal processes involved. Here are the major areas the legislation handles.
Family Court
The Family Law Act confers the Federal Circuit and Family Court with court powers over matters relating to family law. Division 1 of the family court has sole responsibility for divorce applications and straightforward family court proceedings. More complex cases may be transferred to Division 2 of the family court.
The Family Court may also compel parties to take certain actions. For example, separated parents may undertake family dispute resolution or meet with family report writers to organise appropriate co-parenting.
The Family Court has appellate jurisdiction to hear appeals. The Family Law Act defines whether an appeal will be heard by a single judge or a full family court of three or more judges.
Separation and divorce
The Family Law Act permits matrimonial causes, such as a divorce or marriage annulment, to be instituted. A 12-month separation is mandatory before an applicant can apply for a divorce. It also recognises the capacity for spouses to live separately while still cohabiting.
The divorce order takes effect no less than a month from the date the application is accepted. The specific requirements for divorce are codified in the Federal Circuit and Family Court (Family Law) Rules 2021. These requirements include the need to produce a marriage certificate and serving the respondent when seeking family court orders as a sole applicant.
The Act also defines de facto relationships for property and parenting arrangements.
From our clients
I can't thank Luke at Shanahan Law enough for his guidance and advise through my Separation & Divorce. Luke is very caring, professional & prompt. I can't recommend him highly enough.
-Rebekah Sherwell
Our team will ensure that you can pursue your divorce successfully and with complete legal support.
Child's best interests
The Act gives the child’s best interests paramount consideration. The Family Court determines all child-related orders through the lens of the best interests of the child as described in Part VII of the Act. The Family Law Amendment Act 2023 streamlined the factors the Family Court considers when making parenting orders. The amendment also removed the assumption of equal shared parental responsibility. There’s no presumption of equal time.
Parental rights and responsibilities can be formalised through a family law court order or set out in a parenting plan. While parenting plans are not legally enforceable like court orders, they reflect mutual agreements between parents. Parenting plans could be registered under the Family Law Act until a 2004 amendment to the legislation removed this option. Today, the family law court considers the contents of a parenting plan when making decisions in the best interests of the child.
From our clients
I just finished a stressful and lengthy custody matter. I initially started with a different lawyer, but right before final hearing she dropped me as client due to a difference of opinion. So I was feeling super stressed and anxious about going forward. But upon meeting with Dianne I instantly felt at ease, Dianne showed me kindness and compassion and really fought for myself and my family.
- Sharni B
Our team understands the emotional complexity that comes with custody matters, especially during a separation. We will treat you with compassion and respect throughout this difficult time. Whether your case involves parenting arrangements, property division, or the breakdown of a relationship, we focus on protecting your best interests. We regularly achieve successful outcomes where other firms fall short.
Property matters
The Act covers the division of property interests through binding financial agreements (BFA) and property orders. The legal requirements for independent legal advice and the family court’s four-step process for family court orders are set out in Part VIII and Part VIIIA of the Act.
Spousal maintenance can form part of a property settlement, based on factors in Section 75 of the Act. However, assessments regarding child support are handled through the Child Support (Assessment) Act 1989.
From our clients
I can’t thank Luke Shanahan from Shanahan Law enough. He assisted me in negotiating my way through a messy, aggressive financial/divorce settlement.
- Chris Austin
We bring considerable experience in handling complicated property matters for the benefit of our clients’ financial future. We can negotiate effectively for your entitlements.
Family violence
Protection orders for domestic violence victims are provided for in Queensland through the Domestic and Family Violence Protection Act 2012. However, protection orders impact various elements of the Act.
One of the central principles of parenting matters in parental responsibility is the welfare and development of children, with a strong emphasis on preventing child abuse, neglect, and exposure to family violence. These paramount considerations are especially important when dealing with separated parents and future parenting arrangements. Any person subject to a protection order may face limitations and not equal time in the support or powers granted to them under family law, particularly regarding spending time with their child.
Courts operate within specific jurisdictional frameworks and refer to the best interests of the child as the guiding principle, even where this may be contrary to a parent’s wishes and circumstances. In matters involving separated parents or allegations of family violence in their relationship, the court carefully considers how parental responsibility should be allocated to protect the child’s best interests, safety, and emotional well-being. The importance of these factors cannot be overstated, as they directly refer to the long-term benefit and development of the child.
Conclusion
The Australia Family Law Act is the key legislation governing family law matters in Australia. Understanding how the Act covers major areas such as divorce, parenting, and property issues will help you approach the legal system with greater confidence. In parenting matters, the court prioritises the best interest of the child as outlined in the Act.
If you need professional legal services, our team is ready to support you. Contact us today.
