Latest articles and 2025 News on Australian Family Law

What Are Main Pre-Cautions Regrading Domestic Violence in Australia?

Family lawyers in Australia provide crucial legal guidance and preventive advice to individuals facing or at risk of domestic violence. Given the severe consequences of domestic abuse, both legally and personally, lawyers emphasize the importance of recognizing early red flags, understanding protective legal measures, and taking necessary precautions before and during a relationship.

Understanding Domestic Violence in Australia

Domestic violence is not limited to physical abuse; it encompasses emotional, financial, sexual, psychological, and coercive control. The Family Law Act 1975 defines family violence as any behavior that causes fear or harm to a partner, child, or other family members. Recognizing its broad scope helps individuals identify abusive behaviors early.

Red Flags of Domestic Violence

Family lawyers advise individuals to watch for early warning signs in a relationship. Some common red flags include:

  • Controlling behavior – Monitoring your whereabouts, isolating you from friends/family, or restricting finances.
  • Excessive jealousy or possessiveness – Constant accusations, checking your phone, or preventing interactions with others.
  • Verbal and emotional abuse – Frequent belittling, insults, threats, or manipulation.
  • Unpredictable anger or aggression – Explosive tempers, violent outbursts, or breaking objects.
  • Gaslighting – Making you doubt your memory, experiences, or reality.
  • Coercion and threats – Forcing you into actions against your will, including financial or sexual coercion.

Identifying these behaviors early can prevent escalation and allow individuals to seek legal or protective measures before abuse worsens.

Pre-Marriage Precautions and Considerations

Before marriage, family lawyers highly recommend:

  • Observing partner behavior in different situations – Pay attention to how they react to stress, disagreements, and family matters.
  • Having honest conversations about finances – Financial control can be a tool for abuse, so ensuring financial independence is important.
  • Understanding legal rights and protective orders – Knowing about intervention orders (IVOs) or apprehended domestic violence orders (ADVOs) in Australia is crucial.
  • Discussing future goals, beliefs, and values – Differences in expectations regarding family roles, children, and finances can lead to conflicts.
  • Checking for past domestic violence history – If your partner has had prior legal issues regarding violence, it is a major red flag.

If someone is experiencing domestic violence, there are legal protections available, such as:

  • Intervention Orders (IVOs) or Apprehended Domestic Violence Orders (ADVOs) – These are court-issued orders restricting the abuser’s contact or behavior.
  • Emergency Protective Orders – If in immediate danger, police can issue a temporary protection order.
  • Family Court Orders – In cases involving children, the Family Court can impose orders to protect the victim and children from the abuser.
  • Criminal Charges – Physical violence, stalking, or coercion can lead to criminal charges under Australian law.

Legal intervention can help survivors secure safety and independence from abusive situations.

Precautions for Victims in Abusive Relationships

If someone is already in an abusive relationship, lawyers advise taking the following precautions:

  • Develop a safety plan – Identify safe places, contacts, and escape routes in case of danger.
  • Document evidence – Keep records of abusive incidents, including text messages, emails, and medical reports.
  • Seek support from domestic violence services – Contact organizations like 1800RESPECT or Women’s Legal Service.
  • Consider legal action early – The sooner legal measures are taken, the easier it is to escape escalating violence.
  • Financial independence – Having a secret bank account or financial backup can make leaving safer.

Protecting Children from Domestic Violence

Australian law prioritizes the safety of children. Exposure to domestic violence, even indirectly, is considered child abuse. Precautions for parents in such situations include:

  • Seeking sole parental responsibility through the Family Court if the abusive partner poses a risk.
  • Getting a child protection order to prevent an abuser from contacting or harming children.
  • Documenting all instances of abuse to present to child welfare authorities or the court.

The court may deny custody or visitation rights to an abusive parent if it is deemed unsafe for the child.

Steps to Take Before Leaving an Abusive Relationship

Leaving an abusive relationship is often the most dangerous time for victims. Lawyers recommend:

  • Notifying a trusted friend or organization about your plan.
  • Securing important documents like passports, ID, and financial statements.
  • Arranging a safe place to stay, such as a domestic violence shelter.
  • Changing passwords and securing personal information to prevent tracking.
  • Seeking immediate legal protection through the police or courts.

Planning ahead ensures a safer and more strategic escape from the relationship.

Financial abuse is a major form of control in domestic violence cases. Lawyers suggest:

  • Keeping financial independence – Avoid merging all assets with a partner.
  • Opening a private savings account in case of emergency.
  • Monitoring joint accounts for unusual activity.
  • Understanding property and asset division laws before marriage.

If financial abuse has already occurred, victims can apply for emergency financial assistance through government programs or legal aid.

What Can Migratns Do As Non-Citizens

For migrants in abusive relationships, visa status can complicate matters. In Australia:

  • Partner visa applicants facing abuse can still apply for a visa independently under the family violence provisions.
  • Domestic violence does not mean automatic deportation – victims can seek legal support to remain in Australia.
  • A lawyer can assist in filing for a permanent visa based on safety concerns.

Immigrant victims should seek legal counsel immediately to understand their rights.

Emotional Recovery and Legal Support

Recovering from domestic violence involves both legal and emotional support. Lawyers encourage victims to:

  • Engage with therapy or counseling to address trauma.
  • Join support groups for domestic violence survivors.
  • Consider legal aid services if financial constraints exist.
  • Rebuild financial and personal independence step by step.

The legal system, along with community support, helps victims regain control over their lives.

Taking Action Against Domestic Violence

Domestic violence is a serious issue in Australia, but legal protections and support services exist to help victims escape and rebuild their lives. Family lawyers emphasize the importance of early warning signs, legal precautions, and strategic exit plans.

If you or someone you know is experiencing domestic violence, seek help immediately. Legal intervention can provide safety and a path toward a better future.

What Are Hidden Costs of Child Custody in Australia?


The cost of obtaining child custody in Australia after a divorce varies based on factors such as case complexity, the need for court involvement, and the level of agreement between parents. But other than legal fees, there are also some additional or hidden costs and fees that one should consider.

1. Additional Expenses:

  • Mediation Services:
    Engaging in mediation to resolve disputes can cost between $1,000 and $10,000, depending on the mediator and the number of sessions required.
  • Expert Witnesses:
    In cases requiring expert testimony, such as child psychologists, fees can range from $200 to $500 per hour.

2. Cost-Saving Measures:

  • Alternative Dispute Resolution (ADR):
    Opting for mediation or collaborative law can be more cost-effective than court litigation.
  • Legal Aid:
    Individuals with limited financial means may qualify for legal aid, which provides free or reduced-cost legal services. 

3. Regular and Potential Costs of Child Custody

Legal Representation:

Hourly Rates:
Family lawyers in Australia typically charge between $300 and $600 per hour, excluding GST.

Total Legal Fees:

  • Uncontested Cases:
    If parents reach an agreement without court intervention, legal fees might range from $5,000 to $10,000.
  • Contested Cases:
    For disputes requiring court proceedings, costs can escalate to between $20,000 and $80,000, depending on the case’s complexity.

Court Fees:

  • Filing Fees:
    Initiating an application in family court involves fees, such as $385 for a parenting or financial final order application, and $515 for combined final and interim orders.
  • Hearing Fees:
    If the case proceeds to a defended hearing, setting down for hearing fees are $945 in Division 1 and $695 in Division 2, with daily hearing fees of the same amounts for each subsequent day. 

What Are Average Costs of Divorce in Australia?

The cost of divorce in Australia varies based on several factors, including the complexity of the case, legal representation, and whether the divorce is contested or uncontested. Here’s a breakdown of potential expenses:

1. Court Filing Fees:

  • Standard Application:
    As of July 2023, the fee for filing a divorce application is $1,060.
  • Reduced Fee:
    Eligible individuals, such as concession cardholders or those facing financial hardship, may qualify for a reduced fee of $350.

2. Legal Representation:

  • Uncontested Divorce:
    If both parties agree on all terms, legal fees are generally lower. Some law firms offer fixed-fee services ranging from $1,000 to $1,500.
  • Contested Divorce:
    Disputes over property, child custody, or other matters can significantly increase costs. Legal fees in such cases can range from $5,000 to $10,000 or more, depending on the complexity and duration of proceedings.

3. Additional Expenses:

  • Mediation and Counseling:
    Engaging in mediation to resolve disputes can incur additional costs, which may be more economical than prolonged court battles.
  • Property and Financial Settlements:
    Negotiating and formalizing property divisions or financial agreements can add to the overall expense.

4. Average Total Costs:

  • Amicable Separations:
    For couples who reach agreements without significant disputes, the average cost per person is approximately $21,000.
  • Litigated Cases:
    If the matter proceeds to court, expenses can escalate to between $50,000 and $100,000, with proceedings potentially lasting up to three years.

Cost-Saving Strategies:

  • Mediation:
    Opting for mediation can help resolve disputes amicably and reduce legal fees.
  • Fixed-Fee Services:
    Some law firms offer fixed-fee packages for uncontested divorces, providing cost predictability.
  • Self-Representation:
    Handling the divorce process independently can save on legal fees, though it’s advisable to seek legal advice to understand your rights and obligations.

It’s important to note that these figures are approximate and can vary based on individual circumstances. Consulting with a family law professional can provide a clearer estimate tailored to your specific situation.

Last Update of Family Law in Australia

The most recent updates to the Family Law Act in Australia were enacted through the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023.

These changes, which come into effect on May 6, 2024, represent significant reforms aimed at simplifying the family law system, enhancing child safety, and improving information sharing between relevant agencies.

Key updates include the removal of the presumption of equal shared parental responsibility, which has often led to misunderstandings about parents’ rights. Now, all decisions about parenting arrangements will be made based solely on the best interests of the child, emphasizing safety over shared parenting time. Additionally, there is a new, simplified list of considerations for determining the best interests of the child, making it easier for courts to focus on what will best ensure a child’s welfare and safety.

The changes also implement a robust framework for information sharing between the courts, child protection agencies, and police, which will help better identify and manage risks of family violence, child abuse, or neglect during proceedings. Independent Children’s Lawyers (ICLs) are now required to meet with children to understand their views, unless certain exceptions apply.

These reforms aim to make family law proceedings more accessible and protective, particularly for children, while reducing the risk of harmful or coercive arrangements. The full effect of these reforms is expected to transform how family disputes are managed across Australia, including Victoria, by making the legal processes clearer and more focused on family safety and well-being.

Source: Federal Circuit & Family Court of Australia

Is Property Settlement after Divorce Complicated?

The process of property settlement after divorce in Australia can be a relatively complex issue due to various factors that must be considered and the legal framework involved.

The Family Law Act 1975 governs how property settlements are handled, but each case is unique, depending on the nature of the assets, contributions of both parties, and future needs. The process is not simply about dividing property equally but rather ensuring a fair and equitable distribution based on a detailed analysis of both parties’ financial and non-financial contributions.

The complexity arises from the need to identify and value all assets and liabilities, which can include property, superannuation, businesses, investments, debts, and personal possessions. Financial and legal intricacies can add to the difficulty, especially when it comes to accurately assessing superannuation or valuing business interests. Disputes are common, particularly in cases where the assets are substantial or the financial circumstances are intricate.

Future needs are another layer of complexity in property settlement, as factors such as age, health, earning capacity, and the care of children must be considered. The court assesses how these factors impact each party’s ability to support themselves and adjusts the settlement accordingly, which requires a detailed understanding of each person’s situation.

Finally, achieving an agreement can be challenging, and if the parties cannot reach a settlement through negotiation or mediation, they may need to go to court, which can be time-consuming and costly. Seeking expert legal advice is crucial to navigate these challenges and ensure a fair outcome.

Does the Law Protect People against Domestic Violence?

Australia has robust laws to protect individuals from domestic violence, governed by both federal and state-level legislation. The primary legal framework includes protection orders, criminal laws, and family law provisions to address and prevent further violence.

1. Protection Orders

In each state and territory, individuals at risk can apply for protection or intervention orders. In Victoria, these are called Family Violence Intervention Orders (FVIOs). An FVIO can prohibit the offender from approaching, contacting, or being near the victim, and in some cases, it may remove the offender from shared premises. These orders are enforceable by the police, and breaches are treated as serious criminal offenses.

2. Criminal Laws

Domestic violence is a criminal offense, and the law provides penalties for acts like physical assault, sexual violence, stalking, or making threats. In severe cases, offenders may be charged and prosecuted under criminal law. The police have the authority to arrest and charge perpetrators, and they can also issue temporary safety notices, which provide immediate protection for victims until a court hearing can take place.

3. Family Law Provisions

The Family Law Act 1975 considers the impact of domestic violence when making decisions related to child custody and property settlements. The law prioritizes the safety of children and non-offending parents. Courts can impose restrictions or change parenting arrangements if there is a risk of harm due to family violence. Family courts can also issue injunctions to protect victims and their children from abusive partners.

4. Support Services and Resources

In addition to legal protections, there are various support services, including hotlines, counseling, and emergency housing. Organizations like 1800RESPECT provide confidential counseling and help victims access legal and social resources. Legal aid services also assist victims in understanding their rights and navigating the court process.

These measures ensure a comprehensive approach to tackling domestic violence, combining legal, social, and psychological support to safeguard victims and hold perpetrators accountable.

What is the Divorce rate in Australia?

In Australia, the overall divorce rate has shown fluctuations over recent years, but there has been a long-term decline since the 1970s. As of 2023, the crude divorce rate stood at 2.3 divorces per 1,000 people aged over 16, down slightly from 2.4 in 2022. The median duration of marriages before divorce was 13 years, reflecting that couples tend to separate and initiate divorce after more than a decade of being together. Interestingly, this statistic has gradually increased, highlighting that marriages are lasting slightly longer before breaking down.

Victoria, one of the most populous states, contributes significantly to the national divorce numbers. In recent data, the state reported trends in line with national figures, though local variations occur. For instance, during the peak of the COVID-19 pandemic, marriage and divorce dynamics were impacted, with many relationships experiencing strain due to lockdowns and financial pressures. The easing of restrictions saw adjustments in both marriage and divorce statistics, with a notable spike in divorce applications following the pandemic lockdowns.

The factors influencing divorce rates include economic stress, infidelity, communication issues, and changes in societal norms. Additionally, second marriages have a higher probability of ending in divorce, with 60% of such marriages dissolving, often due to the complexities of blended families and financial pressures from previous relationships. This trend reflects the unique challenges that remarried couples face compared to first marriages.

Overall, while divorce rates have decreased compared to historical highs, they continue to be a significant part of family dynamics in Australia. The impact of these divorces on children has also been analyzed, with a decreasing percentage of divorces involving minors. Older age at marriage and higher median ages at divorce indicate a societal shift toward later-life relationship dissolutions, influenced by changing life patterns and priorities.

Source: Australian Bureau of Statistics

SINA
Sina Taghdir LLB
Family Lawyer

Call & Discuss Your Case
03 9794 8668
☏