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Family law basics — divorce, parenting orders and family violence orders
Family law in Australia is federal. The 12-month separation rule for divorce. Parenting orders, property division, and the family-violence orders that go by different names in each state.
Published 17 May 2026 · Last reviewed 17 May 2026
If you've come to Australia with a partner or are in a relationship that ends here, family law is federal.
Divorce
- Must have been separated for 12+ months.
- One party must be an Australian citizen or PR, or have been ordinarily resident in Australia for 12+ months.
- Applications go to the Federal Circuit and Family Court of Australia: https://www.fcfcoa.gov.au/
Property division and parenting orders
- Property is divided based on "just and equitable" — contributions plus future needs.
- Parenting orders prioritise the best interests of the child.
- Mediation through Family Relationship Centres is usually required before court.
Family violence
- Apprehended Violence Orders (AVOs) / Intervention Orders / Family Violence Orders — name varies by state, same idea. A court order requiring one person to stay away from / not contact another.
- Available through state courts, often via police.
- 1800RESPECT (1800 737 732) for immediate support.
- If your visa is tied to your partner (820/801, 309/100) and your relationship ends due to family violence, you may still qualify for permanent residence under family violence provisions. See domestic abuse and family violence for the visa-specific detail and where to get specialist help.