Divorce Guide

Divorce Guide

Australian Family Law

Australia follows the Federal system and the power is shared between the states and the federal government. The laws related to family, divorce and separation in Australia are governed by the federal laws. The family law deals with divorce and separation, child care, etc.

Family laws in Australia:

In the times prior to 1959, there were different laws relating to marriage and divorce in different states. There was no uniformity which led to confusion. The matrimonial causes act introduced uniform laws in Australia. Till 1961, state laws were referred for issues relating to children or property. Later after the Family Law Act of 1975, all these came under the act. The law replaced the matrimonial Act of 1959.

The Family Law came into existence on 5th Jan, 1976 after a long debate. There were a number of changes that were introduced with the law. The law introduced only one ground of divorce which was irreconcilable breakage of marriage. The other fourteen grounds for divorce in Australia were no longer applicable. The law created the Family courts in each state. The laws also considered issues regarding children as important and gave it first preference. The process of counseling was attached to the court proceedings and was given a lot of importance. Privacy of the individual was given a lot of importance and publication of information was stopped.

The federal government makes laws regarding family in Australia. These are applicable to all the states and territories in Australia. The Australian parliament derives this power of making laws from the 51 clauses of the Australian constitution.

The family law and de facto couples: The family law also covers de Facto relations. The laws in each state deal with the settlement of property.

Family law and children: The Family laws in Australia support parenting arrangements on the basis of best interest of the child. There are also some obligations followed under the International law.

Amendments to the Australian Family law


There are many amendments to the Australian Family Law. These changes made the law friendlier to the Australians. The amendment due to the family reform Act has introduced changes in parental responsibility. It also introduced changes in contact, residence, and other issues related to children in divorce. The most important amendment is the one relating to parental responsibility. In this, the parental responsibility is shared between both the parents.

The amendments in the law were introduced due to the best interest of the child.

Divorce in Australia

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Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
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