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Commonwealth family law
The Commonwealth family law system provides different ways to sort out your family arrangements if your relationship ends.
The main law governing families, children and property disputes is the Family Law Act 1975 (link below). This law covers people in all states and territories of Australia. Western Australia has its own Family Court Act 1997, but its family law and court process is similar to the rest of Australia.
You will be encouraged to sort out your disputes before going to court. If you and your ex-partner can't agree on arrangements, a family dispute resolution service may help you reach agreement. See 'Family dispute resolution' (link below).
Family law and children
The court’s main concern is making arrangements that are in the best interests of children. The law says that children should have a relationship with each parent and with others who are important in their lives, unless this may put the children at risk of harm.
If your dispute goes to court, an independent children’s lawyer may be appointed to help the court to decide what is best for the children.
From 1 July 2007, if you apply to a court for a parenting order in most cases you must attach a certificate from a family dispute practitioner showing you have attempted family dispute resolution. Their are exceptions. See 'Dispute resolution and parenting orders' (link below).
Commonwealth law also covers the maintenance of children (child support). See 'Child support and child maintenance' (link below).
Other disputes
Commonwealth family law also deals with:
- property disputes – see 'Dividing your property' (link below)
- partner maintenance – see 'Financial maintenance for partners' (link below)
- separation or divorce – see 'Separation and divorce' (link below).
Family violence and the law
The laws on family violence are mainly state and territory laws. You can apply for a protection order at the magistrates court or local court in your state or territory. However, you can also apply to the family law courts for parenting orders that include rules stopping a person from having contact with you or coming near an address.
More information
Child support and child maintenance
Dispute resolution and parenting orders
Financial maintenance for partners
Related publications
Child support and parentage testing
The role of an independent children’s lawyer
You and family law: a short guide
Related legislation
Family Law Act 1975 – Commonwealth
How we can help
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Our other free legal services include:
- advice at our offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some family law matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.