Australian Family Law Guidance
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FamilyLaw Assist provides general legal information only. The information provided through this application does not constitute legal advice and should not be relied upon as such.
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If you are experiencing family violence or are in immediate danger, please contact 000 (Emergency) or 1800 RESPECT (1800 737 732) for 24/7 support.
Understanding your legal rights is the first step to protecting yourself and your family. Here's what Australian law says about your rights in different relationship types.
Under the Family Law Act 1975, both spouses have a right to a fair share of the matrimonial property upon separation, regardless of whose name is on the title. This includes the family home, investments, superannuation, businesses, and personal property. The court considers both financial and non-financial contributions (including homemaking and parenting).
If you cannot adequately support yourself after separation, you may be entitled to spousal maintenance from your former partner. The court considers factors including age, health, income capacity, the standard of living during the marriage, and whether you need to care for children.
Both parents have equal rights and responsibilities regarding their children. There is a presumption of equal shared parental responsibility (not equal time). The court's paramount consideration is always the best interests of the child.
You have an absolute right to live free from violence, abuse, and coercive control. Family violence is defined broadly and includes physical, emotional, psychological, financial, and sexual abuse. Protection orders are available in every state and territory.
During property proceedings, both parties have a duty of full and frank disclosure of their financial circumstances. You have the right to know about all assets, liabilities, income, and financial resources of your spouse.
If you're in danger, call 000. For DV support, call 1800 RESPECT.
Our AI assistant can answer specific questions about your situation.