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You and family law: a short guide

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Published 6 May 2024

About this booklet

This free booklet explains how ending a relationship affects you, your children and your property.

It has been updated to include legal changes from 6 May 2024. If you have an earlier version, please recycle it.

This booklet has basic information about the law for married or de facto couples, including people who are lesbian, gay, bisexual, gender diverse, intersex, queer and questioning.

Topics include:

  • separation
  • divorce
  • family violence
  • family dispute resolution
  • children
  • property and money.

This booklet also includes information about how you can try to work things out without having to go to court, and where to go for help.

Updates on laws

From 10 June 2025, some family laws have changed. The changes include:

  • The family law courts will consider the impact of family violence in property and spousal maintenance decisions. Family violence includes economic and financial abuse, including dowry abuse.
  • The court can make an order about pets. The court will consider who is attached to the pet, who can care for the pet and any animal abuse.
  • You both must share all relevant financial information for property and financial disputes.
  • If you have been married for less than two years, you do not need a counselling certificate to apply for divorce.
  • When you need to attend court to apply for divorce.
  • When you need to see a mediator before you can start a court case. For example, you do not need to see a mediator if there is a risk of family violence or child abuse.
  • You can ask that sensitive information is not mentioned in court. For example, information shared with health, family violence or sexual violence services.

You can find more information on these changes on the Attorney-General’s website. Information is available in Easy English and other languages including Chinese, Arabic and Spanish.

You can also visit our webpage on Divorce, separation and marriage annulment | Victoria Legal Aid.

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