Family Law Act 1975 (Australia)

Legal Definition

The Family Law Act 1975 (Cth) is the principal federal law governing family law in Australia (except Western Australia, which has its own Family Court). Key areas: **Divorce**: Either spouse may apply for divorce after 12 months' separation. Divorce is no-fault — no need to prove wrongdoing. If there are children under 18, the court must be satisfied appropriate arrangements are in place. **Parenting arrangements (s. 60CA)**: The court's paramount consideration is the best interests of the child. The Act creates a presumption of equal shared parental responsibility (not equal time), which can be rebutted where family violence is established. **Family violence**: The Act requires courts to prioritise protection from family violence and abuse over other considerations. Evidence of family violence can override the equal shared parental responsibility presumption. **Property division**: The court divides matrimonial property based on contributions (financial and non-financial) and future needs. There is no fixed rule — the court has broad discretion. **Child support**: Separate from the Family Law Act, child support is assessed by Services Australia using a formula based on both parents' incomes and the time the child spends with each parent. Most family law matters are handled by the Federal Circuit and Family Court of Australia (FCFCA).