Family Law

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		Divorce Forms
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	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 parenting and applications relating to matrimonial property

All applications regarding children whether the parties were married or not.

Note - Commencing 1 March 2008, the Federal Magistrates Court of Australia will be adopting the same processes as the Family Court of Australia for the filing of applications for an order under Part VII of the Family Law Act 1975. This means that a certificate will be required at the point of filing unless an exemption has been granted by a Registrar. For more information, click here.

All applications for property where the parties are or were married.

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.

Maintenance applications

Any maintenance application, including spousal and child maintenance.

Superannuation

Since 28 December 2002, the Family Law Act 1975 has enabled superannuation interests to be treated as property and superannuation interests to be divided on a marriage breakdown.

In June 2004, amendments were made to superannuation and family law. See Superannuation Industry (Supervision) Amendment Regulations 2004 (No.6) 2004 No.153

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

ABN 60 265 617 271
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 19 August 2008