Family Law

Family law is an extensive area of law governing behaviour in the context of a family. The definition of family is highly complex and for that reason the Family Law Act 1975 (Cth) does not define it. As society has changed, accordingly the structure of families has changed, reflecting a great diversity in relationships of modern society. Since the introduction of the Family Law Act 1975 (Cth) (FLA), the nature of Family Law has changed immensely. The FLA sets out the legal duties and obligations that a marriage creates. The principal aim of the Family Law Act was to reform the law governing the dissolution of a marriage. The FLA established the Family Court of Australia and provided for the creation of state family courts.

The Family Law Act 1975 (Cth) established the principle of ‘no-fault divorce’ and ‘the best interest of the child’ in Australian law. ‘No fault divorce’ refers to when a court does not consider which partner was at fault in the marriage breakdown. The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation. Also, the principle ‘the best interest of the child’ includes; the benefit to the child of having a meaningful relationship with both the child’s parents and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence. Furthermore, these principles have made significant additions to the nature of family law.

With changing Australian society and since the FLA, family law has recognised a variety of ‘alternative family relationships’. Such relationships include Aboriginal and Torres Strait Islander (ATSI) customary marriages, de facto relationships, same sex relationships, single-parent families, blended families and extended families. Although these families do not technically fit the required status of ‘marriage’, thus having no legal recognition; there are instances where these family relationships...

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