Family Law Network Australia (FLNA) was established as a free independent information resource and referral service in the event of needing assistance with family law issues. FLNA is information of a general nature only and does not constitute legal advice or replace the services of a lawyer.

When family law matters arise they are often emotionally draining and stressful times for everyone involved. If you are faced with a family law issue it is best to seek professional advice as soon as possible about your family circumstances and the best way to proceed to resolve matters as quickly and amicably as practicable. As no two cases are alike it is essential to obtain independent legal advice specific to your circumstances.

On FLNA you will find information regarding the following family law matters:-

• Separation and Divorce

• Parental Responsibility

• Property Settlement

In 2006 significant change was introduced to the way matters involving children are dealt with. The new approach shifted the focus towards joint parental responsibility for children and the associated practical involvement in their lives; the new provisions of the Family Law Act 1975 (Cth) (“the FLA”) do not change the principle that the best interests of the child remain the paramount consideration.

The new approach has introduced:-

• compulsory mediation before Court proceedings can be filed, in an effort to resolve matters so that litigation does not become necessary;

• greater review of issues involving family violence, child abuse or neglect,

• extra significance being placed on a child's family and social connections, and

• a presumption that parents have equal parental responsibility - NOT equal parenting time; and

• an emphasis for both parents to remain meaningfully involved in their children's lives following separation, provided there is no risk of violence or abuse.

Further transformation in family law occurred in 2008 when separating de facto couples (including same sex couples) were given the same rights as divorcing couples in relation to their relationship and its property under the Commonwealth FLA. Prior to this, de facto relationships were legislated by each state and territory individually. For the FLA to apply to de facto relationships each state and territory was required to refer their power to the Commonwealth. Currently, all states and territories in Australia except Western Australia have referred their power to the Commonwealth. In Western Australia, much of the Family Court Act 1997 (WA) (“the FCA”) mirrors the FLA. To read more about the division of property visit the page titled property settlement on this website.

If you would like to obtain legal advice in relation to any family law issues you may go to the find a lawyer page and click on your state to contact an experienced family lawyer near you.