Family Law Act of 1975

The Family Law Act (the Act) applies across the whole of Australia and introduced two major reforms when it came into effect in 1976: 

• The introduction of no-fault divorce, allowing couples to divorce without proving wrongdoing by either party.
• The establishment of a specialist family court to adjudicate matters under the Act.

Section 4AB(1) defines family violence as violent, threatening, or other behaviour by a person that coerces or controls a family member, or causes them to be fearful. Section 4AB(2) provides examples of conduct that may constitute family violence, including:

• Assault
• Stalking
• Repeated derogatory taunts
• Intentional damage to property
• Unreasonably withholding financial support

Section 44 allows for divorce and nullity of marriage proceedings, which may be brought by either party or jointly. Division 6 governs parenting orders. Under section 60CA, when making a parenting order, the court must regard the best interests of the child as the paramount consideration. Part VIII outlines the court’s powers to make orders in relation to property settlement between parties to a marriage or de facto relationship, and spousal maintenance, where one party is unable to adequately support themselves.

In 2024, the Act was significantly amended to simplify the list of factors courts must consider when determining what is in the best interests of the child. The amendments also removed the presumption of equal shared parental responsibility, which had often led to confusion and conflict in parenting matters. These reforms were aimed at making family law processes more child-focused, flexible, and responsive to individual family circumstances.

Topics

• Divorce and dissolution of marriage
• Domestic and intimate partner violence

Geographical location

• Australia and Oceania
• Australia

Keywords

• Children's rights
• dissolution of marriage
• family violence

Year

• 2025

External URL

• Family Law Act of 1975

Type

• Legislation

Jurisdiction

• Australia