PURPOSE AND DEVELOPMENT OF THE FAMILY LAW ACT 1975
The Family Law Act was enacted in 1975 by the Australian government, led by then Prime Minister Gough Whitlam.
One of the main innovations was the introduction of no-fault divorce. Couples no longer needed to show grounds for
divorce, but instead, just that their relationship had suffered an irreconcilable breakdown.
Due to the division of power between the Commonwealth and the Australian states under the Australian
Constitution, the Act initially could deal with children born or adopted only within a marriage, it was not until later
years that the Family Law Act dealt with matters relating to ex-nuptial children. However, the states referred these
powers to the Commonwealth and, until the 2006 amendments to the law, were all located under Chapter VII of the
Act. For limitations on recognition of de facto couples inside and outside of Australia see Section 51(xxxvii) of the
Australian Constitution.
The Act has clearly, over time, been one of the most controversial pieces of Australian legislation and has been
subject to numerous changes and amendments since its enactment. A number of amendments have reflected the
political climate of the times: centre-left Australian governments, such as those led by the Australian Labor Party,
strengthened the relevancy of non financial contribution of the stay-at-home mother in property matters; centreright governments, such as those led by the Liberal Party of Australia, have furthered the wishes of fathers' groups
by extending the rights and responsibilities in negotiating parenting arrangements.
The 2006 amendments changed the way matters involving children are dealt with. These included:
a progression towards compulsory mediation (before Court proceedings can be filed, in an effort to ensure
matters do not reach litigation),
greater examination of issues involving family violence, child abuse or neglect,
more importance being placed on a child's family and social connections, and
a presumption that parents have equal parental responsibility - NOT equal parenting time.
encouraging both parents to remain meaningfully involved in their children's lives following separation,
provided there is no risk of violence or abuse
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