Australian family law

Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end. Most family law is practised in the Family Court of Australia.

The federal Family Law Act 1975 covers divorce, children's orders, property division, spousal maintenance and related matters. Since 1 March 2009 (1 July 2010 in South Australia) de facto couples are also covered by the Family Law Act in states or territories which have conferred their power over de facto relationships to federal jurisdiction. The power has been conferred in all jurisdictions except Western Australia. Before the conferring of the power to the Commonwealth, state and territory laws applied to de facto relationships, which also continue to apply in non participating states or territories.

Since 2009, the definition of "de facto couple" has included same-sex couples. The definition applies throughout Australia, in Commonwealth, state and territory legislation.

The names for de facto and similar relationships in each state and territory are as follows:

Because of how the power from state or territory to federal jurisdiction was conferred (see Section 51(xxxvii) of the Australian Constitution), de facto couples outside Australia are not covered by the Family Law Act. This is because there must be a nexus between the de facto couple and a state or territory, as the law can only be applied within a state or territory. See also R v Thomas.[1] a de facto couple moves out of an Australian state or territory they do not take the state or territory with them so the law cannot apply to them. The legal status and rights and obligations of the de facto or unmarried couple would then be recognised by the country's laws of where they are ordinarily resident. See the section on Family Court of Australia for further explanation on jurisdiction on de facto relationships. This is unlike marriage, which is legally recognised internationally outside of the country of marriage.

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