Divorce Guide

Divorce Guide


Divorce courts in Australia


The Family courts are the divorce courts in Australia. All the matters and family disputes are determined in these courts. The court has original jurisdiction on the following matters:

  1. Marriage Act of 1961
  2. Bankruptcy Act of 1966
  3. Child support Registration and collection Act of 1988
  4. Child support assessment Act of 1989

The family court is the highest court in Australia that deals with all the matters of the family. It is the court of records, i.e. the decisions of this court are used as reference for other similar cases. This court was established in the year 1975, by the 3rd chapter of the Australian constitution. The family court has registry in all the states of Australia except Western Australia.

The jurisdiction of the court includes

  1. Parenting cases that deal with, International child abduction, international relocation, complex issues of law pertaining family matters, etc
  2. Parenting cases that deal with multiple parties, child welfare, sexual abuse and children, violence in the family, etc
  3. Financial cases related to complex interests, minority interests, superannuation, etc

Federal Magistrates courts and family courts in Australia:

There is concurrence of jurisdiction in most of the areas of the federal magistrates’ courts and the family court. The jurisdiction of the federal magistrate’s court included, divorce, family property issues and parenting. Later on it also included residence along with child maintenance, child related issues.

The federal Magistrates courts can be found in capital of each state in Australia. The court hears all the divorce cases that are filed in Australia. The court some times also hears some applications and evidences by video or by a telephone. This is allowed when the evidence and witness are very far from the place and are not able to be presented in the court.

The divorce courts or the federal courts deal with the following:

  1. Property division due to separation and divorce
  2. Orders pertaining to parenting, custody, contact, residence and maintenance
  3. Parentage determination
  4. Warrants for child detention, recovery orders
  5. Enforcing the orders of the family court

The divorce courts provide the following services:

  1. The courts provide for e-services like, e-filing here you can file your divorce and supporting documents online. This eservice is available round the clock and you can file your divorce at the convenient time.
  2. File search-allows you to get details of your case files within the court documents. You can get information regarding the court events, documents with the court and the basic outcome of the court events.
  3. Publications like brochures and fact sheets, Annual reports, etc.
  4. You can get details regarding the fees and forms online while you apply for your divorce in the court.

The divorce courts in Australia are very innovative. The courts have online services and various publications through which it provides vital information to the applicants. It has facilities like eservices which allow you to file for divorce online.


Divorce in Australia

Divorce Advice for Australians
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
Post Divorce Advice
Post Divorce Financial Advice

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