Thinking of getting family law legal advice but don’t know where to start? This guide is for you. The Family Law Act 1975 is an important legislation in Australia that deals with legal matters arising from family relationships.
Before we jump to the topic of family law legal advice, let us first understand the coverage of Australia’s family law so that you will have a deeper understanding of this legislation. This will allow you to have a more immersive and comprehensive consultation when you seek legal advice from your family lawyer.
The Family Law Act 1975: What Is It?
As mentioned earlier, this is Australia’s legislation that governs family matters and relationships. It relates to divorce, separation, children, parenting, arrangements, property, and financial matters.
Two Commonwealth Courts handle cases pertaining to the FLA: The Federal Circuit Court of Australia (FCC) and the Family Court of Australia (FCA). The family law courts are the collective name for these courts. The vast majority of family law cases are handled by the FCC.
Local courts in NSW are also empowered to hear and decide some family law cases, such as the authority to issue specific parenting plans and handle particular property settlements. However, only cases that are extremely complicated or that include claims of serious physical or sexual abuse of children are handled by the FCA.
Understanding what the Family Law Act is and knowing its contents and goals will shed light when you ask for a family law legal advice from your lawyer.
2024 Changes Under the Law
To better equip yourself when asking for a family law legal advice, here’s the most recent update regarding family law changes in Australia.
On May 6, 2024, the Family Law Act will be modified, resulting in certain changes for parents, carers, and children who haven’t finalised a parenting plan. However, what led to these modifications?
A recurring topic in the Commission’s final report presenting its recommendations was making the legislation simpler to read and understand. Simplifying the legislation for all parties involved in the family law system is the aim of these changes. Incorporating judges into this would enable them to provide a clearer interpretation of the law.
Notably, the cornerstone of all these modifications is the foremost consideration of the best interests of the children.
Parliament primarily embodied the changes in the laws passed on October 19, 2023.
1. Family Law Amendment Act 2023
2. Family Law Amendment (Information Sharing) Act 2023.
As to the Family Law Amendment Act 2023, the changes under this amendment focus on the following matters:
- The matters that the courts must consider when determining the child’s best interests, and
- The decision-making method of parents regarding the long-term issues for their children.
The Information Sharing Act, on the other hand, focuses on the improvement of the exchange of data on child abuse, neglect, and family violence risk among law enforcement, child welfare organisations, and courts.

Types of Family Law Cases in Australia
Hopping into the topic of family law legal advice, allow us to introduce to you the most common types of family law cases in Australia:
- Divorce. This involves ending a legal marriage and covers aspects like obtaining a divorce order, property division, spousal maintenance (financial support for a former spouse), and child custody arrangements.
- De facto relationship matters. Similar to divorce, these cases address the breakdown of de facto relationships, covering property division, child support, and parenting arrangements.
- Child custody and parenting arrangements. This is an important aspect of many family law cases, and it is focused is on reaching arrangements that prioritise the child’s best interests. Here’s the 2024 update on family law changes in Australia. [insert ‘family law changes’ link – yet to be published]
- Family law disputes regarding property and finances. These cases involve dividing assets and liabilities accumulated during a relationship, including the family home, cars, investments, and debts. There must be a fair division considering factors like each partner’s contributions and future needs.
- Spousal maintenance. This deals with financial support from one spouse to the other after separation. The court considers factors like the income of each party, their financial needs, and the length of the relationship when determining spousal maintenance.
- Child support. This is one of the most common cases that solicitors deal with. The financial support for a child from a parent they don’t live with primarily. Services Australia assesses how much child support should a parent pay or receive. To apply for child support assessment, click this link.
- Family violence. The Family Law Act provides protection against domestic violence with Apprehended Violence Orders (AVOs) to limit perpetrator contact.
- Adoption. The legal process of adopting a child fall under family law, ensuring a safe and secure environment for the adopted child.
The Family Relationship Advice Line (1800 050 321) can refer you to a service which can provide free information and simple advice about family law. For more complex cases, we highly recommend obtaining legal advice from family lawyers.
Questions To Ask When Seeking Family Law Legal Advice
Now that you have an idea about family law cases, these are some questions that you must ask when asking for some family law legal advice from a solicitor:
- What experience do you have in cases similar to mine? Family law covers a broad range. Find a lawyer with experience in giving family law legal advice in specific issues. (divorce, child custody, family dispute resolution, etc.).
- What is the likely process for my case? Receive a roadmap with expected timelines and next steps.
- What are the potential costs involved? Legal fees can vary. Understand their fee structure and estimated costs for your case.
- What are my options for resolving this issue? Lawyers can provide legal assistance on negotiation, mediation, or family law proceedings depending on your situation and goals.
- What is a realistic outcome for my case? Get a lawyer’s honest assessment of potential outcomes considering relevant factors.
- What are the pros and cons of each option? Weigh the benefits and drawbacks of different approaches of each legal services to find the best course of action.
- How will we communicate throughout the process? Discuss preferred communication methods (email, phone calls, meetings) and their availability.
- Will you personally handle my case, or will another advocate take it on? Ensure compatibility.
- What are your qualifications and accreditations in family law? Verify their expertise and experience.
These questions will help you feel more confident and informed about your legal representation.

Ask Family Law Legal Advice from JB Solicitors
Dealing with family law matters can be very demanding. Our skilled family lawyers from JB Solicitors can offer family law legal aid, defend your rights, and assist you in getting the best result for your family and yourself.
To talk about your issue and receive the jargon-free legal advice you deserve, schedule a consultation right away.