What are the family laws in Australia and why are they important to the family law system? There are a number of family laws in the Family Law Act 1975 that help the family court and lawyers make decisions on family law matters. The Federal Circuit and Family Court of Australia, except in Western Australia, have family law jurisdiction for hearing family cases like:
- Divorce
- Arguments on Child Support and Child Custody
- Child Relocation
- Child Protection
- Adoption
- Property Settlement
- Spousal Maintenance and other financial matters
- Domestic Violence or family violence
- Lodging Apprehended Domestic Violence Orders (ADVO) in family violence cases
- Wills and Estate disputes
- How family law matters affect de facto couples
The Family Court of Australia
People can ask the family court to make a final decision for them if they cannot settle a family law matter with their spouse or partner. You can ask the federal family law courts for a number of different orders, such as financial or parenting orders. However, the family court will urge couples to participate in alternative dispute resolution methods like mediation or arbitration. Read on to know more about common family laws in Australia.
Divorce and Separation
Divorce is the legal termination of a marriage. According to Australian family law, couples need to be separated for 12 months in order to qualify for a divorce. Sometimes, ex-couples consider cohabiting (living together) again to save their relationship. However, if there is a failed reconciliation attempt within 3 months, the separation period starts again.
Ex-spouses must go through the property settlement phase after a divorce. This is where both parties will decide on the division of their financial assets and properties. Even after a divorce, some spouses will need to provide financial support or spousal maintenance to their ex-partner. Moreover, divorcing couples must also decide how to split child support payments which typically include:
- Housing and rent payments
- Bills
- Food
- Clothing
- School fees
- Medical
- Transportation
Section 5: Personal Insolvency Agreements
In relation to financial proceedings in divorce cases, what if one or both of the child’s parents have outstanding debts? This can apply to people who must pay spousal maintenance and child support. Courts can deal with the bankruptcy of married couples or couples in a de facto relationship and make a binding financial agreement. A binding financial agreement is only valid if both parties received independent legal advice. This agreement may also be set aside in limited circumstances.
According to Australian family laws, bankrupt people have the option to form a Personal Insolvency Agreement (PIA) with their creditors (people to whom money is owed). A PIA is a deed between a debtor and a creditor. This can help the debtor (who owes money to the creditor) avoid bankruptcy and form binding financial agreements
Section 6: Polygamous Marriages
According to Australian law, any polygamous marriage formed outside of Australia is regarded as a marriage. Australia prohibits polygamy. Numerous nations in Africa, Asia, and the Middle East allow polygamy, which typically entails multiple partners.
Other nations’ religious communities, including the Mormons in the United States, also frequently practise polygamy. In Australia, marrying someone while already being married to someone else is a punishable offence. People who commit polygamy can receive a maximum sentence of seven years in prison in New South Wales.

Family Laws: Best Interests of the Child and Child Custody
After a divorce, The Family Law Act also governs child custody matters in Australia where they give paramount consideration to the child’s best interests. Section 60CC of the Family Law Act 1975 provides that children have the right to have a meaningful relationship and substantial and significant time with their parents along with other family members and significant people in their life like:
- Aunts and uncles
- Grandparents
- Step-parents and step-siblings
- Close friends
It is also in the child’s best interests to protect them from any type of family violence or child abuse. This also includes any forms of physical or psychological harm that can pose a threat to the child’s welfare. All of these factors affect the allocation of equal parental responsibility or sole parental responsibility.
Equal shared responsibility is where both parents make major decisions for their children. On the other hand, a parent with sole responsibility gets to decide on these matters alone. As mentioned in Chapter 1, the Australian Institute of Family Studies completed an evaluation of the Family Law Amendment (Shared Parental Responsibility) Act 2006.
Section 7: Territory Legislation
The Territories Legislation Amendment Bill 2020 modifies the law governing Australia’s three overseas territories. These are the Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands.
Section 7A: The Criminal Code
According to Section 7A of Family Laws in Australia, the Criminal Code act 1995 applies to all offences made in the Family Law Act 1975. The principal piece of legislation governing commonwealth (federal), or offences that apply to the entire country, in Australia is the Criminal Code Act 1995.
Section 8: The Collapse of Existing Laws
After the implementation of this Act, matrimonial cause proceedings may only be brought under this Act. Moreover, the Family Law Act 1975 will not start nor continue the following decrees:
1. Restitution of conjugal rights – The restitution of conjugal rights entails the re-establishment of the marital relationship between a husband and a wife. This is because the primary goal of marriage is for both partners to achieve it and enjoy each other’s company and comfort.
2. Jactitation of marriage – false declaration of marriage to a specified person
3. Judicial separation – Similar to divorce, judicial separation is a federal circuit and family law court order that releases separated parents from their cohabitation obligations.
Section 9: Usage of Protected Names and Symbols
A person must not use the promotion of the supply or use of goods or services of a protected name or names closely resembling a protected name. The same case applies to protected symbols. They can only do this with the Minister’s consent since these names and symbols are registered in the Trade Marks Act 1995 and Designs Act 2003.

Tackling the Family Law Act (1975) With JB Solicitors
The Family Law Act (1975) has many laws and regulations that aid people, lawyers, and judges understand how to approach family law disputes. However, there’s a lot of jargon and terms that are difficult to understand. What if couples in de facto relationships want to know how to deal with their children?
What if it is related to same-sex couples? How do couples approach international adoption? What about proper parenting arrangements for separated families? Can friends contest the Will of their deceased loved one? Do I need an independent children’s lawyer in a court hearing?
JB Solicitors can answer all these questions while explaining how Australian laws affect their decisions on family matters. We have a blog section specifically for the Family Law Act and we have simplified it to give you a more understandable context.
Our family lawyers have extensive knowledge that can help people who want professional legal advice for their cases. With JB Solicitors, cases don’t always have to go to the Federal Circuit Court since we have alternative family dispute resolution methods like mediation and arbitration for family matters.
Contact a family lawyer today to know more about the Family Law Act.