Australian family law is principally found in the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as well as in other laws and 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 Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country.[1] Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia[2] and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978).[3]
Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established no-fault divorce in Australia. Since 1975, the only ground for divorce has been irretrievable breakdown of marriage, evidenced by a twelve-month separation. However, a residual "fault" element remains in relation to child custody and property settlement issues. The federal Family Law Act 1975 covers divorce, children's orders, property division, spousal maintenance and related matters.
^"Family Law Act 1975, s.104(7)". Retrieved 13 July 2019.
^"Section 51"., Australian Constitution
^"Hague Convention on Marriages 1978".
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