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.
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:
When considering what are safe arrangements, the Court must consider:
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.
A plain-English guide to family law in NSW, covering a range of topics such as divorce, children, property settlements and AVOs.
Find out more about the changes at:
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.
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.
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.
A plain-English guide to family law in NSW, covering a range of topics such as divorce, children, property settlements and AVOs.
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.
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.
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.