Family lawyers in Australia

How family law works in Australia

Family law is federal law, under the Family Law Act 1975, so the same rules apply across the country. Most matters are dealt with by the Federal Circuit and Family Court of Australia. Western Australia is the exception: it has its own Family Court, which also deals with de facto couples under WA law.

The main areas are divorce, dividing property and finances, and arrangements for children. They're separate processes. You can sort out property and parenting before or after a divorce, and many people never go near a courtroom because they reach an agreement and formalise it.

Parenting arrangements

Decisions about children are made on what's in the child's best interests. Changes that took effect in May 2024 removed the presumption of equal shared parental responsibility, and with it the requirement to consider equal or substantial time, so the focus now is squarely on the child's safety, needs and relationships. Courts have never been required to order equal time. If you're working out arrangements, a family lawyer can tell you how a court is likely to see your situation.

What to ask before you hire one

• Do you mainly do family law? A dedicated family law firm usually knows the court's current approach better than a general practice.
• How do you try to keep matters out of court? Negotiation and mediation are cheaper and faster than litigation.
• How do your fees work? Many firms charge hourly, but some offer fixed fees for things like consent orders or a divorce application.
• Is anyone an accredited family law specialist? It's a good sign of depth in what can be a technical area.