Family law system

Australia's family law system helps people resolve the legal aspects of family relationship issues, including family relationship breakdown.

It encourages people to agree on arrangements without going to court.

Changes to the law

The Family Law Amendment Act 2024 (the Amendment Act) was passed by the Australian Parliament on 29 November 2024. The Amendment Act was informed by a 2023 public consultation on an exposure draft of the Family Law Amendment Bill (No. 2) 2023.

The Amendment Act makes significant changes to the framework for resolving the property and financial aspects of relationship breakdown in the Family Law Act 1975.

The key changes that will impact couples seeking to resolve their property and financial matters include:

• making clear that the effect of family violence is a relevant consideration in determining the division of property and finances following breakdown of a relationship
• expressly capturing ‘economic or financial abuse’ within the definition of family violence, and identifying dowry abuse as an example of conduct that might constitute economic or financial abuse
• specifying the approach the family law courts will take when making decisions about the division of property
• providing a new framework for determining ownership of the family pet in property settlements
• providing the family law courts the discretion to use the less adversarial approach in property and financial matters, to enhance their ability to direct proceedings and manage evidence particularly where there may be family violence
• elevating the duties of financial disclosure from the family law rules into the Family Law Act, to support parties to better understand their obligations and improve compliance.

It also makes a range of other changes to enhance the operation of Australia’s family law system, including to safeguard sensitive information in family law proceedings.  

Read a copy of the Amendment Act.

Most of the changes will commence on 10 June 2025, including changes to the framework for resolving the property and financial aspects of relationship breakdown. The property changes will apply to new and existing proceedings, except where a final hearing has commenced.

The following changes commenced on 11 December 2024:

• Schedule 3, Part 3 - Commonwealth Information Orders
• Schedule 3, Part 4 – Operation of section 69GA
• Schedule 4, Part 2 – Court rule making power for Family Court of a State
• Schedule 4, Parts 3 and 4 – changes to the family law superannuation splitting framework.

Read the Attorney-General’s media release on the family law system reforms.

Family Law – information and services

There are a range of information and services available to assist people going through family relationship issues. The Family Law Services and Support Fact Sheet has information on where to access family relationship, alternative dispute resolution, legal and family violence services, as well as services that support people’s wellbeing. Some of the services are also available to family members and friends of couples experiencing relationship issues. The fact sheet also includes web links to useful websites that have further information about family law.

• Family Law Services and Support Fact Sheet

Information and services that can help families going through family relationship issues are also listed below.

If you are interested in:

• participating in a post-separation service, or a referral to another family service:
  • visit the Family Relationships Online website
  • call the Family Relationship Advice Line on 1800 050 321 (8am to 8pm Monday to Friday; 10am to 4pm on Saturdays except public holidays).
• information about legal assistance and related services, visit the Legal Assistance page.
• legal aid assistance, visit the National Legal Aid website.
• information on superannuation splitting, visit the superannuation splitting laws page.
• information on property settlement and you are in a de facto relationship, visit our de facto property regime page.
• information about an online dispute resolution tool to help resolve your family law dispute, visit the amica website.
• taking your case before a family law court, visit the Federal Circuit and Family Court of Australia website or the Family Court of Western Australia website. Specialist family law courts have jurisdiction to hear cases about matters including:
  • married couples intending to divorce
  • disputes about parenting arrangements for children after separation
  • property settlement or other financial issues following separation.
• assistance in understanding the most common family law terms used during separation, visit the Family Law TermFinder website.

The Federal Circuit and Family Court of Australia hears cases throughout Australia, except in Western Australia, where the Family Court of Western Australia is the specialist court.

amica: an new online tool to assist couples to separate amicably

'amica' is an online dispute resolution tool developed by National Legal Aid. This digital service empowers separating couples to resolve their family law disputes online. amica enables users to negotiate and communicate online with their former partner at their own pace, in their own time and in their own space.

amica uses Artificial Intelligence (AI) technology to suggest a split of assets, taking into account the couple's particular circumstances; the kinds of agreements reached by other couples in similar circumstances; and how courts generally handle disputes of the same nature. amica can also assist parents to develop a parenting plan for their children.

Find out more on the amica website.

Parenting arrangements for children after separation

When parents separate they may have many questions about what they need to do to establish parenting arrangements for their children. The Family Law – Parenting Arrangements for Children After Separation fact sheet explains parenting concepts in Australian family law, including parenting arrangements, parenting plans, parenting orders and consent orders. If you want to know what the law says about parenting children after separation or divorce, what parenting arrangements to make for children and how to go about it, and who can help if you can’t agree, this parenting fact sheet will help.

• Family Law – Parenting Arrangements for Children After Separation fact sheet