Family Law

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	Family Law Links
		Divorce Forms
		Family Law Forms
		Family Law Courts Publications
		Fees
	See also
		Family Law Courts,
		Family Court of Australia
		Family Court of Western Australia Family Court of Western Australia has family law jurisdiction in Western Australia.
		Child Support Agency
		Australia Law Online: Family and Relations

The Federal Magistrates Court has jurisdiction under the Family Law Act 1975 and can hear and determine:

Applications for orders to resolve parenting and financial disputes

Applications for orders regarding the parenting and maintenance of children to a marriage or de facto relationship.

Applications for financial orders, including division of property and maintenance of a party to a marriage or eligible de facto relationship.

For further information on the Court’s jurisdiction in relation to financial disputes following the breakdown of a de facto relationship and to see if you are eligible to apply, see the following fact sheet

‘New De facto Property Regime: Property division when de facto relationships break down – new Commonwealth law for separated couples’ Attorney-General’s Department

Applications for divorce

All applications for divorce, but not applications for nullity or validity of marriage.

Click here for further information about divorce (clicking on this link will take you to the Family Law Courts web site)

Contravention applications

An application alleging a breach of an order of a court exercising jurisdiction under the Family Law Act 1975.

Applications for injunctions

An application for an injunction in proceedings that have been, or will be, started in the Federal Magistrates Court.

Superannuation

The Family Law Act 1975 enables superannuation interests to be treated as property and for superannuation interests to be divided following the breakdown of a marriage or de facto relationship. For more information about superannuation and family law see Family Law Courts Fact Sheet, Family law and superannuation (clicking on this link will take you to the Family Law Court’s website)

If you are making an application for orders for property settlement and you have a superannuation interest you may be required to complete a Superannuation Information Form. See Superannuation Information Kit (clicking on this link will take you to the Family Court web site)

Forms approved by the Chief Federal Magistrate, pursuant to Subrule 2.04 (1a) of the Federal Magistrates Court Rules 2001 – from 2 July 2007

Family Law
Initiating Application (family law)	Subrule 4.01(1)	Approved form	Joint FMC & FCoA pilot form
What else is filed? If the application is for an order in relation to a child pursuant to Part VII of the Family Law Act 1975, either a certificate from a registered family dispute resolution practitioner, or if applying for an exemption, an affidavit. Affidavit - Non-Filing of Family Dispute Resolution Certificate may be used. See Compulsory Family Dispute Resolution – court procedures and requirements fact sheet.
Response	Subrule 4.03(1)	Approved form	As previously prescribed in Part 1 of Schedule 2 of the Rules
Form 4: Notice of Child Abuse or Family Violence	Schedule 3, Part 1 Subrule 2.04(1) Family Law Rules 2004	Approved for use	FCoA form
Financial Statement	Paragraph 24.02(1)(a)	Approved for use	FCoA Form Also note paragraph 24.02(1)(b) which allows for an affidavit of financial circumstances
Application - Contravention	Subrule 25B.02(1)	Approved for use	FCoA form
Superannuation Information Form	Subrule 24.02(2)	Approved for use	FCoA form
Form 45: Notice requiring financial information	Subrule 25B.05(2)	Approved form identified by that number, or by that number and letter
Form 46: Enforcement summons	Subrule 25B.05(2)	Approved form identified by that number, or by that number and letter

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Our assistance phone line is 1300 352 000
Our E-mail address for family law enquiries (including divorce) is enquiries@familylawcourts.gov.au
Our E-mail address for general federal law enquiries is customer.service@fmc.gov.au,
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Page Updated 28 February 2009