Family law
Family law is the law relating to divorce, separation, children, parenting arrangements, property and financial matters.
Divorce is the legal end of the marriage between a couple. It does not deal with other matters such as maintenance and child support, the division of property, where children will live or who will be responsible for children’s care. These matters are decided separately.
Changes to the Family Law Act
Significant changes to the Family Law Act 1975 (Cth) parenting provisions came into effect on 6 May 2024.
The law about how a court makes parenting orders has changed.
There are six factors the Court must consider when deciding orders are in the best interests of your child:
- what arrangements would promote the safety of the child and every person who cares for the child – this includes people who don’t have parental responsibility for the child, such as grandparents and relatives
- the child’s views
- the child’s developmental, psychological, emotional, and cultural needs
- the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs
- the benefits to the child having a relationship with both parents, and other people significant to their care, welfare, and development, where it is safe to do so, such as grandparents and relatives
- anything else that is relevant.
When considering what are safe arrangements, the Court must consider:
- any history of family violence, abuse or neglect involving the child or a person caring for the child, and
- any AVOs that are in force, or have expired, to protect your child or a family member.
If the court is making orders about an Aboriginal and/or Torres Strait Islander child, the court will also consider how parenting arrangements will help that child to experience their Aboriginal and Torres Strait Islander culture.
Online book
Women and family law
A plain-English guide to family law in NSW, covering a range of topics such as divorce, children, property settlements and AVOs.
Useful links
Find out more about the changes at:
- Federal Circuit and Family Court of Australia
- Attorney-General's Department - Family Law Amendment Act 2023: Factsheet for parents (in English, Easy Read and community languages)
- Legal Aid NSW - Parenting
- Legal Aid NSW - Going to court: information about going to court for parenting orders
Legislation
Divorce, property and children
To legally end a marriage you need to apply to the Federal Circuit Court for a divorce. Orders about property and children are not dealt with as part of a divorce application. You have to make separate applications for these orders if you need them.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about family law.
The family law handbook
A practical guide for people undergoing separation and divorce. Chapters 1 and 2 have been provided by Thomson Reuters for publication on the Find Legal Answers website. Read the remaining chapters at your local public library.
Women and family law
A plain-English guide to family law in NSW, covering a range of topics such as divorce, children, property settlements and AVOs.
Useful links
- Legal Aid NSW – My family or relationship
- Federal Circuit and Family Court of Australia – Family law
- Services Australia - Child Support Guide
Legislation
The Family Law Act 1975 is a federal law that covers divorce, children and property.
The Child Support (Registration and Collection) Act 1988 is a federal law dealing with child support including the child support assessment formula.
The Children and Young Persons (Care and Protection) Act 1988 is a NSW law that deals with child protection including reporting and proceedings in the Children’s Court.
Getting help
Legal Aid NSW, community legal centres and other organisations may give free legal help to people with a legal problem in NSW.
Find more sources of help on the Getting help page.
Legal information at the State Library
The State Library has a large collection of textbooks, legal commentaries, legal encyclopaedias, databases, journals, legislation and court reports - everything you need for advanced legal research.
Recommended