Australian family law: divorce, property and parenting

How separation, divorce, property division and parenting orders work under the Family Law Act.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

Separation and divorce

Australia has no-fault divorce: the only ground is that the marriage has broken down irretrievably, shown by 12 months of separation. Divorce deals with the ending of the marriage — not with children or money.

Parenting

Parenting matters focus on the best interests of the child. Parents are encouraged to reach agreement through family dispute resolution before applying to court. Outcomes can be recorded as a parenting plan or, if enforceable, a consent order.

Property division

There is no automatic 50/50 rule. A court typically:

Identifies and values the assets and liabilities.
Assesses each party's contributions (financial and non-financial, including as a parent/carer).
Considers future needs (income, health, care of children).
Decides what is just and equitable.

Before you act

Mediation is usually tried before litigation, and urgent situations (family violence, relocation) have specific pathways. Ask the assistant to outline the usual steps, then get advice from a family lawyer for your facts.

Common questions

Is property always split 50/50?+

No. The court considers financial and non-financial contributions and future needs. Outcomes vary case by case.

Do I need to go to court to divorce?+

The divorce order itself is usually straightforward if the marriage has broken down for 12 months. Parenting and property are separate.

What is a parenting plan?+

A written agreement between parents about children. A consent order makes it legally enforceable.