Australia had 48,100 divorces in 2024 (ABS) - roughly 132 every single day. Most of those people didn't know their legal position when the relationship ended. They weren't sure whether they needed to go to court, how their superannuation would be treated, or what rights they had around their children.
That uncertainty is expensive. Decisions made in the first few weeks of separation - what you say, what you sign, what you disclose - can shape your legal position for years. Family law doesn't reward inaction, and it doesn't wait until you feel ready.
This guide covers every stage: what family law covers in Australia, how divorce works, how property and parenting matters are resolved, what changed in June 2025, and what it actually costs. It provides general information only and is not legal advice - your circumstances are specific, and a qualified family lawyer should be consulted before you make decisions.
TL;DR: Australian family law covers divorce, parenting arrangements, and property division under the Family Law Act 1975. Australia has no-fault divorce - you only need 12 months of separation. There were 48,100 divorces in 2024 (ABS), and major reforms from 10 June 2025 now require courts to explicitly consider family violence - including economic abuse - when dividing property.
What Does Family Law Cover in Australia?
Family law in Australia is governed by the federal Family Law Act 1975 (Cth), which applies across all states and territories. It covers the legal consequences of relationship breakdown for both married couples and de facto partners: divorce, parenting arrangements, property division, and spousal maintenance. The Federal Circuit and Family Court of Australia (FCFCOA) handles most family law matters nationally; Western Australia operates a separate Family Court of WA for married couples.
Family law deals specifically with the legal consequences of separation - it does not govern everything that follows. Criminal domestic violence charges are handled under state criminal law. Wills, inheritance, and estate planning fall under separate legislation. Child support is administered by Services Australia under the Child Support Guide, separate from the family law courts, though parenting orders and child support assessments interact.
What family law covers:
- Divorce (formal dissolution of a marriage)
- Parenting orders - where children live, time with each parent, decision-making responsibility
- Property and financial settlements after separation, including superannuation splitting
- Spousal maintenance
- Binding financial agreements (pre-nuptial and post-nuptial agreements)
- Protection orders in family violence situations (though made in state/territory courts)
What falls outside family law (handled separately):
- De facto property matters in Western Australia (covered by the Family Court Act 1997 WA)
- Criminal charges including assault and stalking
- General estate planning and wills
Australian family law is governed by the federal Family Law Act 1975 (Cth), covering divorce, parenting orders, property division, and spousal maintenance for both married and de facto couples across all states and territories. The Federal Circuit and Family Court of Australia (FCFCOA) is the primary court for these matters. Since 2021, the two former federal family courts have been merged into a single entity, improving efficiency and reducing delays.
How Does Divorce Work in Australia?
Australia has no-fault divorce - the only ground is the irretrievable breakdown of the marriage, demonstrated by 12 months of continuous separation. The court does not inquire into why the marriage ended, who was responsible, or the conduct of either party. This has been the law since the Family Law Act came into force in 1975, representing a fundamental shift away from the fault-based system that preceded it.
To apply for divorce, at least one spouse must be an Australian citizen, permanent resident, or ordinarily resident in Australia for at least 12 months immediately before filing. Applications are made to the FCFCOA and can be completed online via the Commonwealth Courts Portal.
Key points every separating couple should know:
- Separated under one roof: You can be legally separated while still living in the same home. You will need to provide evidence - declarations, corroborating statements - to establish that the relationship genuinely ended during the separation period.
- Children under 18: The court must be satisfied that proper arrangements have been made for the care, welfare, and development of children before granting the divorce order.
- Filing fees: As of 1 July 2025, the standard filing fee for a divorce application is $1,125 (FCFCOA). Individuals holding a government concession card or experiencing financial hardship qualify for a reduced fee of $365.
- Divorce and property are separate: Obtaining a divorce does not resolve property or parenting matters. Married couples have 12 months after the divorce order takes effect to apply for property orders - after that, leave of the court is required and is not automatically granted.
- De facto couples don't divorce: There is no formal divorce process for de facto partners. They have 2 years from the date of separation to apply for property or maintenance orders.
Australia has had no-fault divorce since 1975 - the only requirement is 12 months of proven separation. The court filing fee is $1,125 as of 1 July 2025, or $365 for concession card holders (FCFCOA). Australia recorded 48,100 divorces in 2024 (ABS), with a median marriage duration of 13.2 years before divorce - reflecting a trend toward longer marriages and later separations.
How Is Property Divided After Separation in Australia?
There is no automatic 50/50 split of property after separation in Australia. Courts use a four-step process designed to reach an outcome that is "just and equitable" given the specific circumstances of the couple. And since 10 June 2025, courts must also explicitly consider the economic effect of family violence - a significant reform that applies to all current and new proceedings.
The four-step process:
- Identify the asset pool - all assets, liabilities, and financial resources of both parties, including superannuation, business interests, trusts, and inheritances received during the relationship
- Assess contributions - financial contributions (income, capital, inheritances) and non-financial contributions (homemaking, child-rearing, unpaid work in a family business). Since June 2025, the effect of family violence on a party's ability to make these contributions is now explicitly considered
- Assess future needs - each party's age, health, income-earning capacity, primary care of children, and any other relevant circumstances. The impact of family violence on future earning capacity is now also an explicit factor
- Confirm the outcome is just and equitable - the court must be satisfied the proposed order is fair in all the circumstances. If parties reach agreement, they can formalise it through consent orders (without a hearing) or a binding financial agreement
Important time limits:
- Married couples: 12 months from the date the divorce order takes effect to apply for property orders
- De facto couples: 2 years from the date of separation
After these deadlines, court leave is required to make a property application - and leave is not automatically granted.
Superannuation splitting is available as part of any property settlement. Superannuation is treated as property, but splitting it creates a future benefit entitlement - not an immediate cash payment - for the other party.
Australian courts divide property using a four-step process - there is no default 50/50 split. From 10 June 2025, courts must explicitly consider the economic effect of family violence on contributions and future needs as part of any property settlement (AG's Department). Time limits apply: married couples have 12 months after divorce, and de facto couples 2 years from separation, to apply for property orders.
How Does Child Custody Work in Australia?
Australian family law does not use the term "custody" - it uses parenting arrangements and parental responsibility. These are distinct: parental responsibility covers who makes major long-term decisions about a child's care, welfare, and development; the child's living and time arrangements are a separate question. The best interests of the child is the paramount consideration in every parenting decision.
What changed on 10 June 2025: The longstanding presumption of equal shared parental responsibility - in place since 2006 - was removed by the Family Law Amendment Act 2024. Courts no longer start from the position that both parents should share equal responsibility for major decisions. The starting point is now simply: what arrangement best serves this particular child's best interests?
The two primary best-interests considerations (in order of priority when they conflict):
- The benefit of the child having a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm, or from being exposed to abuse, neglect, or family violence
Where these two considerations conflict, protection from harm takes priority.
How parenting matters are actually resolved: The majority of separated parents reach parenting arrangements without a court hearing - through direct negotiation, mediation, or a parenting plan. When parents cannot agree, either party can apply to the FCFCOA for parenting orders. In 86% of parenting matters before the court in 2024–25, at least one party alleged family violence (FCFCOA Annual Report) - a figure that underlines why the 2025 reforms prioritised this issue.
Australian family law uses "parenting arrangements" rather than "custody." Courts focus on the child's best interests as the paramount consideration. Since 10 June 2025, courts no longer presume equal shared parental responsibility. In 86% of court parenting matters in 2024–25, at least one party alleged family violence (FCFCOA). Around 80% of primary carers after separation are mothers (AIFS).
What Changed in Australian Family Law in June 2025?
The Family Law Amendment Act 2024 came into force on 10 June 2025 - the most significant reform to the Family Law Act in decades. Three headline changes affect every separating couple in Australia, and the changes apply to all proceedings, both new and already on foot (except where a final hearing had already commenced).
1. Family violence is now explicitly considered in property division
Courts must now consider the economic effect of family violence - including economic and financial abuse - when assessing both parties' contributions and future circumstances. The definition of economic abuse has been broadened: it now covers a wider range of controlling financial behaviours, including withholding financial information, preventing a partner from working, and coercing financial decisions.
This change applies whether the property settlement is decided by a court or negotiated outside one. It means a victim of economic abuse who was prevented from building career experience, savings, or superannuation during the relationship now has an explicit basis for the court to recognise that disadvantage.
2. The presumption of equal shared parental responsibility was removed
The 2006 presumption - that both parents should share equal decision-making responsibility for major child-related decisions - was removed. Courts now assess each family on its own facts without any starting presumption. The existing obligations around considering both parents' involvement remain, but the legal architecture has fundamentally changed. This is particularly significant in cases involving family violence, where the old presumption created tension with the best-interests framework.
3. Financial disclosure duty is now codified in the Act itself
Previously, the duty of full financial disclosure was contained in the Family Law Rules. It is now in the Family Law Act 1975 itself - a deliberate signal of its importance. Both parties must disclose all relevant financial information and documents. Failure to comply with disclosure obligations can result in adverse inferences being drawn, cost orders, and in some cases, setting aside a previous settlement.
The Family Law Amendment Act 2024 commenced 10 June 2025, introducing three major reforms: family violence (including economic abuse) is explicitly considered in property settlements; the presumption of equal shared parental responsibility has been removed; and the duty of financial disclosure is now in the Family Law Act 1975 itself (AG's Department). These changes apply to all proceedings, not just those commenced after June 2025.
How Do You Resolve Family Law Disputes Without Going to Court?
Most family law matters in Australia are resolved without a final court hearing. The FCFCOA requires parties to make a genuine attempt at Family Dispute Resolution (FDR) before filing most court applications - and for good reason: litigation is slow, expensive, and strips both parties of control over the outcome.
Family Dispute Resolution (FDR): FDR is a specialist mediation process conducted by accredited practitioners who help separating parties reach agreement on parenting and property matters. It is not the same as counselling or relationship therapy - it is a structured process focused on legal outcomes.
- Free options: Government-funded Family Relationship Centres (FRCs) provide free or low-cost FDR services. The Family Relationship Advice Line (1800 050 321) can help identify services in your area.
- Private FDR: Private practitioners typically charge $2,500–$7,000 per session, often shared between parties.
- Section 60I certificate: Before filing a parenting application with the FCFCOA, you generally need a Section 60I certificate from an FDR practitioner confirming that you have attempted FDR, or that an exemption applies (e.g. due to family violence).
Consent orders: If parties reach agreement, they can formalise it as consent orders - a court-sealed agreement that has the same legal force as a court order but does not require a court hearing. This is the most common way to formalise property settlements.
Binding financial agreements (BFAs): BFAs are private contracts between parties, typically used for pre-nuptial agreements or to document a separation settlement without going through the court consent order process. They do not require court approval but must comply with strict formal requirements, and both parties must have independent legal advice.
When court is unavoidable: Some situations require court intervention - where there is a genuine safety risk to children, where one party refuses to disclose assets, or where there is a risk a party will dissipate assets. Interim orders can be sought quickly in these circumstances.
Before filing most family law applications, parties must make a genuine attempt at Family Dispute Resolution - typically mediation. Free FDR is available through government-funded Family Relationship Centres; private practitioners charge $2,500–$7,000. Parenting applications require a Section 60I FDR certificate unless an exemption applies (such as family violence). Most property matters are finalised through consent orders, not a contested hearing.
How Much Does a Family Law Matter Cost?
Family law costs vary significantly depending on complexity and how the matter is resolved. The difference between an agreed settlement and a contested hearing can be $80,000 or more per party. The earlier agreement is reached, the lower the cost - at every stage of the process.
Cost breakdown by stage:
| What you're paying for | Typical cost range |
|---|---|
| Divorce application filing fee (standard) | $1,125 |
| Divorce application filing fee (concession) | $365 |
| Uncontested divorce (total including lawyer) | $1,500–$4,000 |
| Consent orders - property settlement by agreement | $3,000–$8,000 |
| Private Family Dispute Resolution / mediation | $2,500–$7,000 (often shared) |
| Contested property/parenting matter (negotiated) | $10,000–$30,000 |
| Contested matter - final hearing | $30,000–$100,000+ per party |
| Family lawyer hourly rate (private) | $350–$750/hr + GST |
Costs can be reduced by reaching early agreement, using Legal Aid (for those who qualify), using fixed-fee divorce services, and avoiding adversarial positions that extend the time lawyers spend on your matter.
Family law costs range from $1,500 for a simple uncontested divorce to over $100,000 per party for a contested matter going to a final hearing. Family lawyer hourly rates in Australia's private market run $350–$750 per hour plus GST (Mediations Australia). Consent orders - where both parties agree and the court formalises the agreement without a hearing - are the most cost-effective way to finalise a property settlement.
How to Find the Right Family Lawyer in Australia
Start with specialisation. Family law is a distinct area of practice - a commercial lawyer or conveyancer is not the right choice for a separation matter, regardless of their overall reputation. Look for a lawyer who practises family law as their primary or exclusive area of work.
How to check credentials: Every practising solicitor in Australia must be registered with their state or territory law society. You can verify a lawyer's registration in two minutes:
- NSW: lawsociety.com.au/register-of-solicitors
- VIC: lsbc.vic.gov.au/register-of-lawyers
- QLD: lawsocietyqueensland.com.au
- WA: lawsocietywa.asn.au
- SA: lawsocietysa.asn.au
The Law Council of Australia also offers an Accredited Specialist scheme - family law specialists have completed additional assessment and continuing education requirements. Accreditation is not mandatory but indicates a higher level of specialisation.
What to ask at a first consultation:
- What is your primary practice area? How many family law matters do you handle each year?
- What is your fee structure? Can you provide a written cost estimate?
- How will we communicate? Will I deal primarily with you, or with other solicitors in the firm?
- Have you handled matters involving similar complexity to mine?
- What outcome range is realistic in my situation?
Red flags to avoid:
- Guaranteeing outcomes ("I'll get you the house")
- Discouraging early settlement or mediation
- Requesting a very large upfront retainer without a clear explanation
- Slow communication, especially at the start of the relationship
- Not asking about the other party or what you want to achieve
To find a verified family lawyer in your area, browse the Law Firms Australia family law directory - filter by state, region, and sort by verified client ratings to compare firms near you.
Frequently Asked Questions
What is the difference between separation and divorce in Australia?
Separation is when a couple makes the decision that their relationship is over - it does not require any court order or official filing. Divorce is the formal legal dissolution of the marriage, granted by the Federal Circuit and Family Court of Australia after 12 months of separation. Property and parenting matters can be resolved before, during, or independently of divorce proceedings. De facto couples do not divorce - their separation has legal consequences for property and parenting without the need for a formal court order.
Do I need to go to court for a property settlement in Australia?
Most couples do not go to court. You can reach a binding agreement through consent orders - filed with the court but processed without a hearing if both parties agree - or through a binding financial agreement, which is a private contract. Court proceedings are generally only required when parties genuinely cannot reach agreement, when there is a risk of asset dissipation, or when urgent orders are needed to protect children or assets. Attempting Family Dispute Resolution before court is required for most applications.
How long does a divorce take in Australia?
After the 12-month separation period ends, a divorce application typically takes 1–3 months to be processed by the FCFCOA. If the application is uncontested (not opposed by the other party) and there are no children under 18, there is no requirement to attend court. The divorce order takes effect one month and one day after it is made, at which point the 12-month clock for property orders begins.
Does family violence affect how property is divided?
Yes - and more explicitly since 10 June 2025. Under the Family Law Amendment Act 2024, courts are now required to consider the economic effect of family violence when assessing both contributions to the property pool and the future needs of both parties (AG's Department). This applies whether the settlement is reached in court or negotiated outside it. A party who was prevented from working, controlling their finances, or building superannuation due to a partner's coercive behaviour now has an explicit basis for the court to account for that disadvantage.
What is a de facto relationship under Australian family law, and what are my rights?
A de facto relationship is a couple living together on a genuine domestic basis without being married. De facto couples have substantially the same property and maintenance rights as married couples under the Family Law Act 1975, provided certain thresholds are met: the relationship lasted at least 2 years, or there is a child of the relationship, or one party made a substantial contribution. De facto couples have 2 years from the date of separation to apply for property orders. In Western Australia, de facto property matters are handled under the Family Court Act 1997 (WA).
Conclusion
Family law in Australia covers a lot of ground - and the stakes at every stage are high. The key points to carry from this guide:
- No-fault divorce requires only 12 months of separation and a filing fee of $1,125 as of July 2025
- Property is not split automatically 50/50 - courts use a four-step assessment, and since June 2025 must explicitly account for family violence
- Parenting arrangements are built around the child's best interests; courts no longer presume equal shared parental responsibility
- Most matters are resolved without court - consent orders and FDR are the norm, not litigation
- Costs range enormously - from $1,500 for a simple divorce to $100,000+ per party for contested proceedings
The June 2025 reforms are the most significant changes to Australian family law in a generation. If you have an existing matter or settlement in place, it is worth reviewing whether those changes affect your position.
To find a family lawyer near you, use the Law Firms Australia directory - browse by state and region, filter by practice area, and compare firms using verified client reviews.
This guide provides general legal information only and does not constitute legal advice. Family law matters are highly fact-specific. The information reflects Australian law as at April 2026, including the Family Law Amendment Act 2024 (effective 10 June 2025). Always consult a qualified family lawyer before making decisions about your situation.