Family
Family Law Act 1975 no-fault divorce in a unified federal court
A unified federal jurisdiction under the Family Law Act 1975, which introduced no-fault divorce. Since 2021 the Federal Circuit and Family Court of Australia hears almost all family matters, and 2024 amendments removed the presumption of equal shared parental responsibility.
Key rules
- Deadline — Divorce requires 12 months' separation before the application is filed
- Deadline — Property and spousal maintenance proceedings: 12 months from divorce becoming final, or two years from the end of a de facto relationship
Governing law
- Family Law Act 1975 (Cth) (s. 60CC)
- Family Law Amendment Act 2023
- Child Support (Assessment) Act 1989
In practice
Divorce is no-fault: the only ground is irretrievable breakdown, evidenced by 12 months' separation, and the court does not inquire into conduct. Parenting decisions turn on the best interests of the child under s. 60CC. The Family Law Amendment Act 2023, in force from May 2024, repealed the presumption of equal shared parental responsibility and the associated requirement to consider equal or substantial time, because the presumption had been widely misread as a starting entitlement to equal time. De facto partners, including same-sex partners, have substantially the same property and maintenance rights as married spouses. Family dispute resolution is normally a precondition to filing a parenting application.