Australian Family Law: Divorce, Parenting and Property Guide
Family law in Australia is federal. A single statute, the Family Law Act 1975 (Cth), and one national court, the Federal Circuit and Family Court of Australia, govern divorce, parenting arrangements, property division, maintenance and child support for married and de facto couples alike.
If you are experiencing family violence and need help now: call 000 in an emergency, or contact 1800RESPECT on 1800 737 732 for free, confidential support and counselling, available 24 hours a day, every day.
This hub covers family relationship breakdown in Australia under the federal Family Law Act 1975 (Cth), for both married and de facto couples nationwide. It does not cover state and territory family violence protection order schemes, child protection (welfare) law administered by state agencies, or adoption law, all of which sit outside the Family Law Act. See the linked articles below for detail on each topic.
Family law is federal, not state-based
Family law in Australia is a matter for the Commonwealth Parliament, not the states and territories. The Family Law Act 1975 (Cth) applies nationwide, and the Federal Circuit and Family Court of Australia (FCFCOA) is the primary court hearing divorce, parenting, property and maintenance matters across every state and territory except Western Australia. Western Australia maintains its own Family Court of Western Australia, which applies the federal Family Law Act to married couples, but de facto property and maintenance claims there run under the Family Court Act 1997 (WA) because Western Australia never referred those matters to the Commonwealth. There is no separate "Queensland family law" or "Victorian family law." A parenting order, divorce or property order made in one state or territory is recognised and enforceable nationwide. This is why this cluster does not publish state-by-state variants: the substantive law is the same wherever a family lives in Australia.
The Family Law Amendment Act 2023: the parental responsibility presumption is gone
The Family Law Amendment Act 2023 repealed section 61DA of the Family Law Act 1975 outright, effective 6 May 2024. Section 61DA had created a presumption that equal shared parental responsibility was in a child's best interests. That presumption no longer exists in any form, and Parliament did not enact an automatic replacement. This is a repeal, not a reword: the table of provisions now jumps directly from section 61D to the new section 61DAA. Crucially, section 61C is unchanged and never depended on the presumption: each parent of a child under 18 automatically has parental responsibility, subject to any court order. New section 61CA encourages, but does not require, parents to consult each other on major long-term issues. New section 61DAA means joint decision-making on major long-term issues now applies only where a parenting order specifically says so. There is no default position either way; the outcome depends on what a court orders, or what the parents agree, in each case. See parenting orders in Australia for the full section 60CC framework that now governs every parenting decision.
The Family Law Amendment Act 2024: family violence and companion animals
The Family Law Amendment Act 2024 commenced 10 June 2025, a date confirmed by the Attorney-General's Department and the FCFCOA rather than one read directly from the amending instrument's own commencement clause. It amended section 79, the core property-settlement provision, to require a court to consider the effect of family violence, including economic and financial abuse, on a party's contributions (section 79(4)(ca)) and on that party's current and future circumstances (section 79(5)(a)). It also inserted a dedicated companion-animal regime at section 79(6) and (7): a court may order sole ownership, transfer to a consenting person, or sale of a family pet, weighing factors such as who acquired and cared for the animal, any history of cruelty, and each party's attachment and future capacity to care for it. A court cannot order shared care of a companion animal. The Act also moved the financial disclosure duty into the Act itself at Division 1A, alongside the existing section 71B duty for married couples and new section 90RI for de facto matters. See property settlement in Australia for detail.
Parenting arrangements after separation
Parenting orders deal with who a child lives with, spends time with, and who holds and exercises parental responsibility for major long-term decisions such as health, education, religion and name. Section 60CA makes a child's best interests the paramount consideration, assessed against the section 60CC factors: safety, the child's views, developmental and cultural needs, each proposed carer's capacity, the benefit of relationships where safe, and, for Aboriginal or Torres Strait Islander children, the additional cultural considerations in section 60CC(3). Parents can agree their own parenting plan or apply to the FCFCOA for orders. See parenting orders in Australia for the full framework, and the family court process for how a parenting application actually proceeds.
Divorce: ending the marriage itself
Divorce is a separate legal step from resolving parenting, property or maintenance. Section 48 requires 12 months' continuous separation before an application can be filed, and section 49(2) allows separation to be established even where the couple continued living under one roof. From 1 July 2026 the FCFCOA's application for divorce fee is $1,170 (reduced fee $390 for eligible concession holders). A divorce order takes effect one month after it is made under section 55, described by the court as finalised "one month and one day later." Divorce does not itself resolve who gets what property or how children's arrangements will work; those need separate applications. See divorce in Australia for the complete process, fees and eligibility rules.
Property settlement, agreements and maintenance
Property division under the Family Law Act is not an automatic 50/50 split. Section 79 (married couples) and section 90SM (de facto couples) direct a court to identify the property pool, weigh each party's financial and non-financial contributions, weigh current and future circumstances, and make only the order that is just and equitable in that family's circumstances. Since 10 June 2025, section 79(4)(ca) and 79(5)(a) require courts to weigh the economic effect of family violence, and section 79(6)-(7) gives courts specific, limited powers over companion animals. Couples can instead formalise their own division through a binding financial agreement under sections 90B, 90C or 90D (married) or 90UB to 90UD (de facto), provided each party receives independent legal advice under section 90G. A party who cannot adequately support themselves may also seek spousal maintenance under section 72(1), assessed against the section 75(2) factors.
| Topic | Married couples | De facto couples |
|---|---|---|
| Property division | s 79 | s 90SM |
| Property procedure | s 79AA | s 90SMA |
| Maintenance | s 72(1), s 75(2) factors | s 90SF |
| Binding financial agreements | s 90B / 90C / 90D | s 90UB / 90UC / 90UD |
| Time limit to apply | 12 months from the divorce order taking effect (s 44(3)) | 2 years from the end of the relationship (s 44(5)) |
| Threshold to apply | The marriage itself | s 90SB (2 years together, a child, substantial contributions, or registration) |
See property settlement, binding financial agreements and spousal maintenance in Australia for the detail on each.
De facto relationships
De facto couples have access to largely the same financial remedies as married couples under Part VIIIAB of the Act. Section 4AA defines a de facto relationship by reference to a list of non-exhaustive factors, including duration, common residence, financial interdependence and public reputation as a couple; no single factor is decisive. To apply for a property or maintenance order, a couple generally must satisfy the threshold in section 90SB: at least two years together, a child of the relationship, substantial contributions with serious injustice otherwise, or state or territory relationship registration. The limitation periods differ sharply from marriage; see de facto relationships in Australia for the two-year-from-separation rule and how it compares to divorce.
Child support
Child support is assessed administratively, not by a family law court. Services Australia applies an eight-step formula under the Child Support (Assessment) Act 1989, combining both parents' incomes above a self-support amount, each parent's percentage of care, and the Costs of the Children Table. For the 2026 Child Support Period the self-support amount is $31,046, the minimum annual rate is $551, and the fixed annual rate is $1,825 per child; these figures index on 1 January, not 1 July. See child support in Australia for the full formula and the child support calculator explainer for a worked, estimate-only example.
Getting help: the family court process
Most separating couples never see a courtroom; they negotiate directly, use family dispute resolution, or reach a private agreement. Where court involvement is needed, the FCFCOA is a single national court applying a unified set of rules, pre-action procedures and, for child-related matters, the evidence principles now found in section 102NL, the successor to the repealed section 69ZT. See the family court process in Australia for how an application actually moves through the system, from pre-action requirements to a final hearing.
This page provides general legal information about family law in Australia, verified 20 July 2026. It is not legal advice about your own relationship, parenting arrangement or property settlement. For advice on your situation, consult a legal practitioner admitted in the relevant Australian state or territory.
Explore each topic in detail: parenting orders in Australia, divorce in Australia, property settlement in Australia, de facto relationships in Australia, child support in Australia, the child support calculator explainer, spousal maintenance in Australia, binding financial agreements in Australia, and the family court process in Australia.
Frequently Asked Questions
Is family law different in each Australian state or territory?
No. Family law is federal. The Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia apply the same rules in every state and territory. Western Australia has its own Family Court of Western Australia, which applies the federal Act to married couples, though de facto property and maintenance claims there are governed by the Family Court Act 1997 (WA). There is no separate body of "Queensland family law" or "New South Wales family law" for divorce, parenting, property or child support.
Was the 50/50 shared parenting presumption abolished?
Yes. The Family Law Amendment Act 2023 repealed section 61DA, which had created a presumption of equal shared parental responsibility, effective 6 May 2024. No automatic replacement presumption was enacted. Section 61C, under which each parent automatically holds parental responsibility, was not affected. A court now decides parenting arrangements solely by applying the section 60CC best-interests factors to each family's circumstances.
What court decides family law disputes in Australia?
The Federal Circuit and Family Court of Australia (FCFCOA) hears the great majority of family law matters nationally, including divorce, parenting, property, spousal maintenance and related applications. Western Australia has a separate Family Court of Western Australia, applying the federal law to married couples and the Family Court Act 1997 (WA) to de facto financial matters.
Do de facto couples have the same rights as married couples?
In most respects, yes, outside Western Australia. Part VIIIAB of the Family Law Act gives de facto couples access to property division (section 90SM), maintenance (section 90SF) and binding financial agreements (sections 90UB to 90UD) that parallel the rules for married couples, once the relationship meets the threshold in section 90SB. The main practical difference is the limitation period, which runs from separation for de facto couples rather than from a later divorce order.
How much does a divorce cost in Australia from 1 July 2026?
From 1 July 2026 the FCFCOA standard application for divorce fee is $1,170, with a reduced fee of $390 for eligible concession card holders or those experiencing financial hardship. Related fees for the same period include $215 for consent orders and $1,660 ($550 reduced) for an application relating to nullity of marriage.
Can a court order a shared-care arrangement for a pet after separation?
No. Since 10 June 2025, section 79(6) of the Family Law Act allows a court to order that one party owns a companion animal, that it be transferred to a consenting third person, or that it be sold. The Act expressly does not allow any other kind of order, so a court cannot order that a pet be shared between former partners.
Is child support worked out by a family law court?
No. Child support is assessed administratively by Services Australia under the Child Support (Assessment) Act 1989, using a formula based on both parents’ incomes, care percentages and the Costs of the Children Table. Family law courts become involved only in limited circumstances, such as departure applications or child maintenance orders outside the administrative scheme.
What is the difference between the limitation period for de facto and married couples?
A de facto partner generally has 2 years from the end of the relationship to apply for a property or maintenance order (section 44(5)). A married person generally has 12 months from the date their divorce order takes effect (section 44(3)), and because a divorce order cannot be made until 12 months' separation has passed and the divorce process has run its course, the real-world gap from separation to the deadline is usually well over a year. Both time limits can be extended only with the court's leave.
Where can I read the Family Law Act 1975 itself?
The current, consolidated Family Law Act 1975 (Cth) is published free by the Australasian Legal Information Institute (AustLII) at classic.austlii.edu.au. It is the authoritative public source for the Act's exact wording, including every section discussed in this guide.
Sources and References
- AustLII: Family Law Act 1975 (Cth) – consolidated text(classic.austlii.edu.au).gov
- Federal Circuit and Family Court of Australia: Family law(fcfcoa.gov.au).gov
- Federal Circuit and Family Court of Australia: Family law fees(fcfcoa.gov.au).gov
- Attorney-General's Department: Family law changes from June 2025 – information for family law professionals(ag.gov.au).gov
- Attorney-General's Department: Family law (property) changes from 10 June 2025 – fact sheet for separating couples(ag.gov.au).gov
- Services Australia: Child support assessment(servicesaustralia.gov.au).gov
- Department of Social Services Child Support Guide 2.3.2: Current formula values(guides.dss.gov.au).gov