Law & Legal & Attorney International Law

Australian Family Law Act

    Matrimonial Law Reform

    • In 1975, the Australian government knew it needed to improve the law governing divorce, according to the Family Court of Australia. The public grew increasingly dissatisfied with the Matrimonial Causes Act of 1959, leading the legislature to create the Family Law Act of 1975.

    Family Law Act of 1975

    • Australia's Family Law Act of 1975 contains 15 parts and governs family issues including divorce, child custody, child support or maintenance and marital property.

    Family Court

    • The Family Law Act created Australia's Family Court and gave the court the power to handle all matters covered under the Act, including divorce, custody and property distribution.

    Divorce Under the Act

    • Prior to the Family Law Act, Australia law required that couples have grounds for terminating their marriages. One of the biggest changes brought about by the Act was the creation of no-fault divorce meaning that parties no longer had to show evidence of grounds, according to the Family Court of Australia. Divorce is now a simpler procedure and is available if parties can show that the marriage is irreparably broken and that they have lived apart for at least the past 12 months.

    Custody Under the Act

    • The other improvement provided by the Family Law Act of 1975 is child custody. The Act focuses on the importance of parenting being a joint responsibility, even during separation or divorce. Additionally, any determinations of custody are made after considering what is in the child's best interests, the Family Court of Australia says.

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