Family Law Act 1975 - Purpose and Development of The Act

Purpose and Development of The Act

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 only deal with children born or adopted into 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 Family Law 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 creation. A great number of amendments have reflected the political climate of the times: liberal Australian governments, such as those led by the Australian Labor Party, stengthened the relevancy of non financial contribution of the stay-at-home mother in property matters; conservative 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.