Family Law Act

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  • Under the Family Law Act 1975 (Cth) (‘FL Act’), the only ground for divorce is that the marriage has broken down irretrievably (see ‘What are the grounds for divorce?’, in this chapter).

    The FL Act established the specialist Family Court. This court was intended to be a ‘caring’ court that dealt with marriage breakdown as simply and sensitively as possible.

    The FL Act now deals with divorce, property, maintenance, and parenting orders. It provides ways of getting protection from personal violence and preventing disposal of property (see ‘Injunctions’, in this chapter). It has been amended several times; for example, to extend its operation to all children and to the property division of people who are not legally married but who had been in a de facto relationship.

    The spirit of the FL Act and its rules, regulations and hierarchical administration, is to endeavour to conciliate and negotiate disputes in their early stages.

  • The following people can use the FL Act:

    1. People wishing to divorce, or obtain a property settlement, spousal maintenance or an order for protection;

    2. People wishing to obtain a parenting order for their children or orders in relation to the protection of their children;

    3. An unmarried mother wishing to obtain child-bearing expenses from the father of her child;

    4. Any other person with an ‘interest’ in the welfare of a child (e.g. grandparents); and

    5. A child.

    Property disputes between unmarried couples may be heard via the FL Act if the couple separated after 1 March 2009. Unmarried couples who have been together for at least two years are generally considered to be in a ‘de facto’ relationship. This includes couples in same-sex relationships. De facto couples may access the Federal Circuit and Family Court of Australia (FCFCOA) for parenting, property and spousal maintenance matters. 

Family Law Act

Chapter: 4.1: Marriage and divorce

Contributor: Rebecca Dahl, Partner, Nicholes Family Lawyers

Current as of: 1 September 2024

Law Handbook Page: 226

Next Section: Family dispute resolution

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