28:
578:
led by the
Australian Labor Party, strengthened the relevancy of non-financial contribution of the stay-at-home mother in property matters; centre-right governments, such as those led by the Liberal Party of Australia, have furthered the wishes of fathers' groups by extending the rights and responsibilities in negotiating parenting arrangements. The 2006 amendments changed the way matters involving children are dealt with. These included:
621:
289:, the Act initially could deal with children born or adopted only within a marriage, it was not until later years that the Act dealt with matters relating to ex-nuptial children. However, the states referred these powers to the Commonwealth and, until the 2006 amendments to the law, were all located under Chapter VII of the Act. For limitations on recognition of de facto couples inside and outside of Australia see
607:
380:
consult one another about major decisions affecting the care of children (but not day-to-day decisions), whereas without that order parents can make decisions together or without consulting each other. The presumption does not apply in circumstances of family violence or there has been any abuse (including sexual abuse) of a child, a parent or any family member living with the child.
230:
reality, the system was very expensive and humiliating for the spouses, necessitating appointment of barristers, often private detectives, collection of evidence, obtaining witness statements, photographs and hotel receipts, etc. Failure to prove a spouse's guilt or wrongdoing would result in a judge refusing to grant a divorce. The
408:, and so had to rely on their state's de facto relationship legislation. Such claims were often much harder to prove than under the Act, and did not include all the same considerations as under the Act, and could result in a more uneven or diminished distribution of property than would otherwise be possible.
403:
Because of the limitation of
Commonwealth power, until 1 March 2009 the Family Court could adjudicate on a property dispute if it arose out of only a matrimonial relationship. In 2009 the states agreed to refer power to the Commonwealth to include breakup of de facto relationships (including same sex
367:
often refers to where children live, the concept was abolished in 1995 with the Family Law Reform Act. The concept of custody gave much wider decision making powers to the parent with whom children lived, than either the concept of 'residence' or 'live with'. Since 1995 both parents legally have the
55:
An Act relating to
Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters ~ (amended); An Act relating to Marriage and to
577:
The Act has clearly, over time, been one of the most controversial pieces of
Australian legislation and has been subject to numerous changes and amendments since its enactment. A number of amendments have reflected the political climate of the times: centre-left Australian governments, such as those
390:
The basis on which who the child lives with and spends time with (and how much time is spent) is determined firstly with reference to the best interests principle. What is in the child's 'best interests' is determined with reference to the primary and secondary considerations found under s.60CC, and
529:
The Court retains its ability to hand down punitive sanctions in a number of areas where parties do not comply with Court orders. In the most extreme cases, as confirmed by the 2006 Amendments, this can include sentences of imprisonment (up to 12 months), fines, work orders, bonds, and the like. In
383:
There is no presumption of equal time with the child, however, if the presumption of equal shared parental responsibility has not been rebutted, the Court must consider whether it is in the best interests of the child and whether it is reasonably practicable. If the decision is made to not allocate
375:
The Act does not specify that the person with whom the child is to reside or spend time with must necessarily be their natural parent, and provision is made for anyone 'concerned with the care, welfare or development of the child' to apply to the Court for orders. In all proceedings, the paramount
245:
was first introduced as a Bill on 13 December 1973. Before the Bill became law, it lapsed and was reintroduced on 3 April 1974 with substantial changes. A third reintroduction was made after the Bill lapsed a second time, with the final reintroduction made on 1 August 1974 with additional changes.
553:
Polygamous marriages are generally not permitted in
Australia. The relevant law prohibits those who are married from proceeding with a second marriage. However, the Act does permit multiple de facto relationships, and also recognises polygamous marriages may be lawfully entered into in countries
439:
After the parties' contributions have been established, a final adjustment is made according to their individual future needs. These needs can include factors such as an inability to gain employment, the continued care of a child under 18 years of age, and medical expenses. This is often used to
429:
This section of the Act contains a list of factors by which the Court can determine who contributed what to the marriage. Broadly, the contributions can be taken as financial in nature (for example, paying off a mortgage) or non-financial in nature (for example, taking care of the children). The
379:
If there is a dispute about parenting matters and the case is placed before a court, then the Court must apply a presumption that it is in the best interests of children that their parents have equal shared parental responsibility for the children. In practical terms this means that parents must
422:
The assets which may be distributed under the Act include the totality of the parties' joint and several assets. The amount of property is determined at the date of hearing rather than at the date of divorce, so this can also include property acquired after separation. Superannuation is also a
229:
came into operation. The Act continued the fault-based system operating under state authority. Under the
Commonwealth law a spouse had to establish one of the 14 grounds for divorce set out in the Act, including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. In
391:
it is by reference to these factors that argument proceeds in the
Federal Circuit Court and the Family Court of Australia. Full custody (a 'live with' order) will usually be awarded to the parent who is better able to demonstrate that they can meet the child's best interests.
250:
was contentions due to its reform of divorce laws. The legislation meant divorce could be obtained with one requisite being 12 months separation. A Gallup Poll taken during negotiation of the Bill showed 64% of men and 62% of women respectively supporting these changes.
530:
most cases, however, the most effective method of penalizing a person is to award legal costs against them. In fact, the 2006 Amendments encourage this to be used as a sanction where people make improper or false allegations about someone else before the Court.
399:
Part VIII of the Act deals with the distribution of property after a marriage breakdown, and the Court has broad power under section 79 to order property settlement between parties based on a number of factors regarding 'contribution' and 'future needs'.
411:
It is necessary to bring a property claim before or within 12 months of the divorce occurring or two years of separation for de facto couples, although unlike property proceedings in various other countries, the two usually occur separately.
404:
relationships) which was accepted. The changes, passed by the Labor Rudd
Government, came into effect on 1 March 2009. Prior to this de facto and same-sex couples did not have the same property rights as married couples under the
351:
The Act focuses on the rights of children, rather than the rights of parents. The Act requires courts to have regard to the 'need to protect the rights of children and promote their welfare' in any matter under the legislation.
568:
The default position in family law proceedings is that each party pays his or her own costs. The Act also abolished prison as a penalty for maintenance defaulters and imprisoned those held in contempt of the court.
224:
Though the
Commonwealth had the power since federation in 1901 to make laws affecting divorce and related matters such as custody and maintenance, it did not enact such national uniform laws until 1961, when the
371:
Parental responsibility is the ability to make decisions that affect the day-to-day and long-term care and welfare of the child, and can include things such as what school they attend and what their name is.
363:
Children's matters are determined on the basis of who the child will 'live with' and 'spend time with' (terms which were formerly labelled 'residence' and 'contact' respectively). Although the term
360:
Part VII of the Act deals with the custody and welfare of children in
Australia, regardless of the relationship between the parents. The Part has been amended significantly in 1995, 2006, and 2011.
485:, as a court of record and with both original and appellate jurisdiction. Appeals from the Full Court of the Family Court of Australia (the appellate jurisdiction) are to the
440:
account for a party which has not shown a great deal of substantive contributions, but will require money to live on as a result of factors largely outside of its control.
542:
recognises the need to preserve and protect the institution of marriage as the union between 2 persons, to the exclusion of all others voluntarily entered into for life.
290:
188:, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated
368:
same (but not shared) parental responsibility for children, regardless of where and with whom the children live, until and unless a court makes a different order.
639:
387:
Substantial and significant time includes weekends, weekdays, special days and holidays, and in practical terms usually means more than every second weekend.
56:
Divorce and Matrimonial Causes and, in relation thereto, Parental Rights and the Custody and Guardianship of Infants, and certain other Matters. ~ (original)
1187:
1096:
594:
encouraging both parents to remain meaningfully involved in their children's lives following separation, provided there is no risk of violence or abuse.
545:
The Federal Circuit Court of Australia holds jurisdiction to handle the dissolution of same sex marriages (i.e. divorces) through Part VI of the Act.
712:
498:. Appeals from the Federal Circuit Court are to the Family Court of Australia, but its decisions are not considered inferior to the Family Court.
582:
a progression towards compulsory mediation (before Court proceedings can be filed, in an effort to ensure matters do not reach litigation),
282:
96:
86:
493:
503:
332:. The twelve-month separation requirements remained and the one-month waiting period for a divorce order to take effect remained.
384:
equal time in such circumstances, then the Court is required to consider allocating 'substantial and significant' time instead.
1172:
376:
consideration is the 'best interests of the child', and the Court will not make an order that is contrary to these interests.
1182:
1177:
430:
party which can demonstrate a larger contribution to the marital relationship will receive a larger proportion of the assets.
197:
978:
526:), parental responsibility, the living arrangements of children, and financial maintenance for former spouses or children.
313:
law of Australia by replacing the previous fault grounds with the single ground of irretrievable breakdown, established by
204:, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the
882:
Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances.
260:
999:
671:
482:
341:
324:
Amendments in 2004 abolished the provisions dealing with "decrees nisi" or "decrees absolute" and changed the term
1043:
478:
278:
713:
https://aifs.gov.au/sites/default/files/publication-documents/family_law_and_marriage_breakdown_in_australia.pdf
1157:
973:
856:
818:
1014:
987:
879:
863:
486:
286:
181:
35:
895:
834:
796:
1192:
777:
761:
1030:
911:
1083:
634:
453:
303:
148:
554:
other than Australia and grants rights under the Act to participants of these polygamous marriages.
271:
126:
444:
More complex questions arise when a party has incurred losses, or when assets are held by trusts.
1134:
433:
3. Look at each party's financial resources and future needs under s.75(2) and adjust accordingly
1017:
Appeals to Family Court from Federal Circuit Court and Magistrates Court of Western Australia.
947:
924:
519:
461:
177:
929:
933:
612:
314:
267:
969:
814:
725:
27:
852:
809:
591:
a presumption that parents have equal parental responsibility - NOT equal parenting time.
860:
1142:
523:
423:
marital asset under s.90MC, but will not be available for distribution until it 'vests'
274:, but instead, just that their relationship had suffered an irreconcilable breakdown.
1166:
688:
263:
141:
75:
69:
1124:
460:
and enticement of a party to a marriage, but it did not change the law relating to
103:
436:
4 The court then considers whether the proposed distribution is just and equitable
837:
Presumption of equal shared parental responsibility when making parenting orders.
492:
In 2000, in a somewhat controversial move, the Australian government created the
1000:
https://www.lawreform.ie/_fileupload/consultation%20papers/wpBreachofPromise.htm
620:
585:
greater examination of issues involving family violence, child abuse or neglect,
318:
317:
and living apart for a period of twelve months. It also reduced the time for a
626:
602:
46:
701:
588:
more importance being placed on a child's family and social connections, and
205:
193:
799:
Child's best interests paramount consideration in making a parenting order.
1128:
464:. The action for breach of promise has been abolished in South Australia.
847:
557:
457:
209:
502:
Western Australia has continued to refer its family law matters to the
310:
208:
registry office of the Family Court of Australia, and 80 were filed in
185:
184:. It has 15 parts and is the primary piece of legislation dealing with
259:
The Act was enacted in 1975 by the Australian government, led by then
213:
426:
2. Look at each party's contributions to the marriage under s.79(4)
764:
Each parent has parental responsibility (subject to court orders).
1150:
522:, dispose of matrimonial property (including resources such as
321:
for a divorce to take effect from three months to one month.
898:
How a court determines what is in a child's best interests.
518:
The Act gives the Court powers to make orders to restrain
419:
1. Identify the marital assets and ascribe a value to them
948:"Enlarging the Asset Pool - Adding Back Notional Assets"
200:. It came into effect on 5 January 1976, repealing the
266:. One of the main innovations was the introduction of
1097:"De facto Relationships - Family Court of Australia"
658:"New divorce laws to start today— No-Fault Ground",
726:"The Family Law Act: Background to the Legislation"
147:
136:
125:
120:
112:
102:
92:
82:
64:
34:
20:
1158:Finding Fault - Hindsight, ABC RN - 15 August 2010
415:A standard s.79 property adjustment, has 4 steps:
496:as a second court to handle matters under the Act
452:Section 120 of the Act abolished the actions for
291:Section 51(xxxvii) of the Australian Constitution
234:was replaced by no-fault divorce system of the
1143:"Federal Circuit Court of Australia homepage"
672:"New divorce law offices besieged by callers"
640:Federal Circuit and Family Court of Australia
8:
788:
786:
26:
277:Due to the division of power between the
651:
52:
1044:"Same Sex Relationships | Stone Group"
17:
560:are also provided for under the Act.
7:
1151:"Family Court of Australia homepage"
780:Who may apply for a parenting order.
1188:Acts of the Parliament of Australia
1033:Principles to be applied by courts.
270:. Couples no longer needed to show
97:Australian House of Representatives
87:States and territories of Australia
956:" Federal Judicial Scholarship 1.
494:Federal Circuit Court of Australia
14:
914:Alteration of property interests.
504:Family Court of Western Australia
619:
605:
302:For Australian Divorce Law, see
1129:Federal Register of Legislation
702:The Matrimonial Causes Act 1959
936:91-092 (21 September 1981)
212:, while only 32 were filed in
1:
689:"Matrimonial Causes Act 1959"
952:Federal Judicial Scholarship
859: 461 Judgment Summary
821:513 (14 December 1979).
481:, with equal status to the
347:Best interests of the child
309:The Act revolutionised the
232:Matrimonial Causes Act 1959
227:Matrimonial Causes Act 1959
202:Matrimonial Causes Act 1961
1209:
483:Federal Court of Australia
342:Parenting law in Australia
339:
479:Family Court of Australia
157:
41:
25:
988:High Court of Australia
930:[1981] FamCA 70
855:, (2010) 240
678:, January 6, 1976, p. 2
662:, January 5, 1976, p. 2
487:High Court of Australia
326:dissolution of marriage
287:Australian Constitution
182:Parliament of Australia
70:No. 53, 1975 as amended
36:Parliament of Australia
1173:1975 in Australian law
1101:www.familycourt.gov.au
1183:Australian family law
1178:Adoption in Australia
1086:Polygamous marriages.
970:[2008] HCA 56
815:[1979] HCA 63
724:Enderby, Kep (1975).
676:Sydney Morning Herald
660:Sydney Morning Herald
635:Australian family law
508:Family Court Act 1997
454:criminal conversation
304:Australian family law
853:[2010] HCA 4
477:The Act created the
132:Family Law Bill 1975
1135:Family Law Act 1975
1125:Family Law Act 1975
1080:Family Law Act 1975
1027:Family Law Act 1975
1011:Family Law Act 1975
946:Ryan, Judy (2006).
908:Family Law Act 1975
892:Family Law Act 1975
876:Family Law Act 1975
831:Family Law Act 1975
793:Family Law Act 1975
774:Family Law Act 1975
758:Family Law Act 1975
746:Family Law Act 1975
549:Other relationships
514:Powers of the court
272:grounds for divorce
236:Family Law Act 1975
170:Family Law Act 1975
161:Current legislation
121:Legislative history
21:Family Law Act 1975
534:Same-sex marriages
473:Creation of courts
83:Territorial extent
1068:Marriage Act 1961
925:Kowaliw v Kowaliw
674:, by Jill Sykes,
520:domestic violence
506:by virtue of the
462:breach of promise
336:Parenting matters
283:Australian states
196:. It also covers
165:
164:
1200:
1154:
1146:
1112:
1111:
1109:
1107:
1093:
1087:
1077:
1071:
1065:
1059:
1058:
1056:
1054:
1040:
1034:
1024:
1018:
1008:
1002:
997:
991:
990:
985:
980:Judgment summary
963:
957:
955:
943:
937:
921:
915:
905:
899:
889:
883:
873:
867:
844:
838:
828:
822:
806:
800:
790:
781:
771:
765:
755:
749:
743:
737:
736:
733:UNSW Law Journal
730:
721:
715:
710:
704:
699:
693:
692:
685:
679:
669:
663:
656:
629:
624:
623:
615:
613:Australia portal
610:
609:
608:
564:Other provisions
558:De facto couples
448:Other provisions
356:Parenting orders
268:no-fault divorce
78:
72:
30:
18:
1208:
1207:
1203:
1202:
1201:
1199:
1198:
1197:
1163:
1162:
1149:
1141:
1121:
1116:
1115:
1105:
1103:
1095:
1094:
1090:
1078:
1074:
1066:
1062:
1052:
1050:
1042:
1041:
1037:
1025:
1021:
1009:
1005:
998:
994:
983:
977:
964:
960:
945:
944:
940:
922:
918:
906:
902:
890:
886:
874:
870:
866:(3 March 2010).
845:
841:
829:
825:
810:Gronow v Gronow
807:
803:
791:
784:
772:
768:
756:
752:
744:
740:
728:
723:
722:
718:
711:
707:
700:
696:
687:
686:
682:
670:
666:
657:
653:
648:
625:
618:
611:
606:
604:
601:
575:
566:
551:
536:
516:
475:
470:
450:
397:
395:Property orders
358:
349:
344:
338:
299:
257:
222:
198:family violence
153:29 October 1974
93:Enacted by
74:
68:
60:
57:
51:
50:
12:
11:
5:
1206:
1204:
1196:
1195:
1190:
1185:
1180:
1175:
1165:
1164:
1161:
1160:
1155:
1147:
1139:
1131:
1120:
1119:External links
1117:
1114:
1113:
1088:
1072:
1060:
1035:
1019:
1003:
992:
958:
938:
916:
900:
884:
868:
839:
823:
801:
782:
766:
750:
738:
716:
705:
694:
680:
664:
650:
649:
647:
644:
643:
642:
637:
631:
630:
616:
600:
597:
596:
595:
592:
589:
586:
583:
574:
571:
565:
562:
550:
547:
535:
532:
524:superannuation
515:
512:
474:
471:
469:
466:
456:, damages for
449:
446:
442:
441:
437:
434:
431:
427:
424:
420:
396:
393:
357:
354:
348:
345:
337:
334:
298:
295:
261:Prime Minister
256:
253:
221:
218:
163:
162:
155:
154:
151:
149:Second reading
145:
144:
138:
134:
133:
130:
123:
122:
118:
117:
116:5 January 1976
114:
110:
109:
106:
100:
99:
94:
90:
89:
84:
80:
79:
76:No. 53 of 1975
66:
62:
61:
59:
58:
54:
44:
43:
42:
39:
38:
32:
31:
23:
22:
13:
10:
9:
6:
4:
3:
2:
1205:
1194:
1193:Gough Whitlam
1191:
1189:
1186:
1184:
1181:
1179:
1176:
1174:
1171:
1170:
1168:
1159:
1156:
1152:
1148:
1144:
1140:
1137:
1136:
1132:
1130:
1126:
1123:
1122:
1118:
1102:
1098:
1092:
1089:
1085:
1081:
1076:
1073:
1069:
1064:
1061:
1049:
1045:
1039:
1036:
1032:
1028:
1023:
1020:
1016:
1012:
1007:
1004:
1001:
996:
993:
989:
982:
981:
975:
972:, (2008) 238
971:
967:
966:Kennon v Spry
962:
959:
953:
949:
942:
939:
935:
931:
927:
926:
920:
917:
913:
909:
904:
901:
897:
893:
888:
885:
881:
877:
872:
869:
865:
862:
858:
854:
850:
849:
843:
840:
836:
832:
827:
824:
820:
817:, (1979) 144
816:
812:
811:
805:
802:
798:
794:
789:
787:
783:
779:
775:
770:
767:
763:
759:
754:
751:
747:
742:
739:
734:
727:
720:
717:
714:
709:
706:
703:
698:
695:
690:
684:
681:
677:
673:
668:
665:
661:
655:
652:
645:
641:
638:
636:
633:
632:
628:
622:
617:
614:
603:
598:
593:
590:
587:
584:
581:
580:
579:
572:
570:
563:
561:
559:
555:
548:
546:
543:
541:
533:
531:
527:
525:
521:
513:
511:
509:
505:
500:
499:
495:
490:
488:
484:
480:
472:
467:
465:
463:
459:
455:
447:
445:
438:
435:
432:
428:
425:
421:
418:
417:
416:
413:
409:
407:
401:
394:
392:
388:
385:
381:
377:
373:
369:
366:
361:
355:
353:
346:
343:
335:
333:
331:
327:
322:
320:
316:
312:
307:
306:
305:
296:
294:
292:
288:
284:
280:
275:
273:
269:
265:
264:Gough Whitlam
262:
254:
252:
249:
244:
239:
237:
233:
228:
219:
217:
215:
211:
207:
203:
199:
195:
192:partners: in
191:
187:
183:
179:
175:
172:
171:
160:
156:
152:
150:
146:
143:
142:Lionel Murphy
139:
137:Introduced by
135:
131:
128:
124:
119:
115:
111:
107:
105:
101:
98:
95:
91:
88:
85:
81:
77:
71:
67:
63:
53:
49:
48:
40:
37:
33:
29:
24:
19:
16:
1133:
1106:16 September
1104:. Retrieved
1100:
1091:
1079:
1075:
1067:
1063:
1051:. Retrieved
1047:
1038:
1026:
1022:
1015:s 94AAA
1010:
1006:
995:
979:
965:
961:
951:
941:
923:
919:
907:
903:
891:
887:
880:s 65DAA
875:
871:
846:
842:
830:
826:
808:
804:
792:
773:
769:
757:
753:
745:
741:
732:
719:
708:
697:
683:
675:
667:
659:
654:
576:
567:
556:
552:
544:
539:
537:
528:
517:
507:
501:
497:
491:
476:
451:
443:
414:
410:
405:
402:
398:
389:
386:
382:
378:
374:
370:
364:
362:
359:
350:
329:
325:
323:
308:
301:
300:
279:Commonwealth
276:
258:
247:
242:
240:
235:
231:
226:
223:
201:
189:
173:
169:
168:
166:
158:
108:12 June 1975
104:Royal assent
45:
15:
1070:(Cth) s 94.
1048:Stone Group
896:s 60CC
835:s 61DA
797:s 60CA
319:decree nisi
1167:Categories
1053:19 January
864:High Court
778:s 65C
762:s 61C
646:References
627:Law portal
573:Amendments
468:The Courts
340:See also:
315:separation
285:under the
220:Background
47:Long title
1031:s 43
932:, (1981)
912:s 79
206:Melbourne
194:Australia
113:Commenced
1084:s 6
861:HCASum 4
848:MRR v GR
599:See also
458:adultery
281:and the
210:Adelaide
190:de facto
140:Senator
65:Citation
1127:in the
365:custody
330:divorce
311:divorce
297:Divorce
255:The Act
186:divorce
180:of the
159:Status:
1082:(Cth)
1029:(Cth)
1013:(Cth)
910:(Cth)
894:(Cth)
878:(Cth)
833:(Cth)
795:(Cth)
776:(Cth)
760:(Cth)
510:(WA).
214:Sydney
176:is an
1138:(Cth)
984:(PDF)
968:
928:
851:
813:
748:s 43.
729:(PDF)
174:(Cth)
129:title
1108:2017
1055:2018
976:366
538:The
246:The
241:The
167:The
127:Bill
974:CLR
934:FLC
857:CLR
819:CLR
540:Act
406:Act
328:to
248:Act
243:Act
178:Act
73:or
1169::
1099:.
1046:.
986:,
950:.
785:^
731:.
489:.
293:.
238:.
216:.
1153:.
1145:.
1110:.
1057:.
954:.
735:.
691:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
