Family law in Australia deals with legal issues that arise from the breakdown of relationships and family arrangements. This generally includes matters such as divorce, parenting arrangements for children, property settlements, spousal maintenance and child support.

Australia has a no-fault divorce system, meaning the Court does not consider who caused the breakdown of the marriage. To apply for divorce, you must show that:

• The marriage has broken down irretrievably; and

• You and your spouse have been separated for at least 12 months.

Divorce applications are filed with the Federal Circuit and Family Court of Australia and can be made by one spouse or jointly.

Parenting orders are determined based on what is in the best interests of the child. The Court considers factors such as:

• The child’s safety and wellbeing

• The benefit of a meaningful relationship with both parents

• The child’s views (depending on age and maturity)

• Each parent’s capacity to care for the child

• Whether any family violence is involved

Property settlements involve dividing the assets, liabilities, and financial resources of both parties after separation. This can include real estate, savings, businesses, superannuation, and debts.

There is no automatic 50/50 split. Instead, the Court determines what split is just and equitable and considers factors such as:

• The financial and non-financial contributions each party made before, during, and after the relationship

• Contributions as a homemaker or parent

• Each party’s future circumstances, including income, earning capacity, health, and responsibility for caring for children

Every case is different, and the outcome will depend on the individual circumstances of the parties.

Couples who are not married may still have similar legal rights after separation if they were in a de facto relationship. This means they may apply for property settlements, parenting orders, and other family law orders similar to married couples.

Generally, a relationship will be recognised as de facto if the parties lived together on a genuine domestic basis, usually for at least two years, or if they have a child together, registered their relationship, or one party made significant contributions to the relationship.

Not always. Many matters can be resolved through negotiation or mediation, avoiding the time and expense of court proceedings. Where possible, we seek to resolve disputes through negotiation or alternative dispute resolution before commencing court proceedings.