Family law covers a lot of areas that are intertwined with daily life, social structures and relationship statuses. It’s likely that at some stage in your life, if you haven’t already, you will experience a family law matter – whether directly, indirectly, supporting someone close to you, or witnessing it second-hand.
Family law predominantly addresses matters concerning intimate relationship breakdown, parenting and financial matters related to these areas, such as property settlement after a divorce or de facto relationship ends. This is why you may have heard the terms ‘relationship law’, ‘separation law’ or ‘divorce law’ used interchangeably with ‘family law’.
So, what’s the difference?
Family law covers legal issues arising from married or de facto relationships, such as divorce hearings, negotiating asset splits, financial agreements or decisions about where children will live.
Family law does not address matters involving legal issues between family members that fall under other legal systems, such as wills, crime, contracts or business.
What type of legal matters do family lawyers help with?
Contrary to their name, family lawyers rarely work with biological family members in disputes. Instead, they tend to work with people who have chosen to have a domestic partnership and/or have had children together.
This may seem confusing, but family lawyers generally work with people who:
- Are planning to marry, married or divorced
- Are planning to live together, in a de facto relationship or are separated from a de facto relationship
- Have children together
Put simply, family law covers the majority of legal matters and disputes related to a significant, intimate relationship with another person and matters related to the relationship’s children. It does not generally address matters related to the wider family unit, such as sibling disputes, loans from parents, or estate disputes.
What type of family relationship matters do family lawyers help with?
Family lawyers do:
- Help married, de facto and same-sex couples, or ex-couples, with financial matters, like prenuptials or property settlement
- Work with people going through separation or divorce
- Work with parents who have separated, assisting parties to create a parenting plan, consent orders or address disputes
- Assist with complex parenting matters, high-conflict parenting disputes involving parental responsibility, communication and care arrangements after parents separate
- Assist with financial support matters with a former partner, such as spousal maintenance or child support agreements
- Provide mediation and alternative dispute resolution for financial matters and parenting cases, or assist with arranging this
- Address family violence matters and matters related to the best interests of the children, their welfare within the family unit, and allegations of abuse
- Attend any court hearing related to the above matters, or arrange for someone to do so
Family lawyers may:
- Work with grandparents or family members regarding parenting arrangements if a child within the family is unable to be cared for adequately by their parents
- Represent children in family court (ICL)
- Work with parents facing child protection matters
- Assist with adoption and surrogacy matters
- Assist with estate or contract law related to family law matters, such as updating wills after divorce
These services may be offered, but generally not as standalone services. A family law attorney may assist with a property transfer if it’s for a client going through a divorce, but would not otherwise do so.
Family lawyers don’t:
- Wills, estates and inheritance (succession law in state courts)
- Elder abuse, guardianship, powers of attorney (handled under guardianship law or civil tribunals such as QCAT and VCAT)
- Family-run business disputes (governed by commercial or corporate law)
- Loans, debts or contract disputes between family members (addressed in civil courts under contract law)
- Family trust disputes (governed by trust and equity law)
- Tenancy or housing issues within the family (covered by tenancy law or housing regulations)
- Child protection with government intervention (managed by state child protection laws, not the Family Law Act)
- Criminal allegations between family members, which are prosecuted under criminal law (state or federal)
These are legal issues that involve family members but are governed by other areas of law, not the family law system. They include:
What legal guidelines do family lawyers work with?
If you are wondering why family lawyers work with specific areas of the law, it’s because they specialise in understanding and advising on matters related to the Family Law Act 1975. Law is a very complex subject, which is why lawyers specialise in certain areas and work with related legal frameworks. The Family Law Act oversees all legal matters related to marriage, de facto relationships and parenting.
Family lawyers need to stay up to date with any family law amendments, and ensure that all of their work aligns with the Family Law Act.
What courts do family lawyers work in?
A family lawyer will have a strong knowledge of Australian family law rules and work within the family law courts (Federal Circuit and Family Court of Australia) for the majority of cases they handle. They generally attend court proceedings related to family law disputes regarding divorce, separation, property and parenting matters.
The FCFCOA covers matters related to:
- Divorce
- Parenting orders
- Property settlements
- Spousal maintenance
- Binding financial agreements
- Family violence (in the context of parenting or relationship breakdown)
Family lawyers may also work within the following courts, such as the:
Children’s Court
- Child protection matters involving state intervention when a child is at risk of harm. Family lawyers may act on behalf of parents, children (Separate Representatives) or carers.
Magistrates’ Court / Local Court
- Family lawyers assist clients applying for, or responding to, Domestic Violence Orders (DVOs) and Apprehended Domestic Violence Orders (AVOs), which may impact future parenting or property proceedings.
State Supreme Courts (rare)
- Family lawyers may occasionally work in the Supreme Courts on complex estate or guardianship cases, or where an intersecting issue with a trust or injunction affects a family law matter.
Administrative Appeals Tribunal (AAT)
- Indirectly, some child support decisions by Services Australia can be appealed to the AAT. Family lawyers may assist clients in understanding, addressing or appealing these decisions.
When should you see a family lawyer?
Getting the right advice early can make a huge difference. You should consider seeing a family lawyer if you’re:
- Thinking about separating or divorcing
- Starting a new relationship and want a binding financial agreement
- Concerned about parenting arrangements or your child’s safety
- Facing family violence or need help with a protection order
- Unsure about your rights when dividing property or assets
Early legal advice can help you avoid unnecessary conflict and protect your interests from the start.
Family lawyers ensure parenting matters focus on a child’s best interests
Parenting matters make up a large amount of family law matters. In parenting matters, the law focuses on what is in the best interests of the child, and it’s a family lawyer’s job to prioritise this in every matter.
This includes:
- Maintaining a meaningful relationship with both parents (where safe)
- Being protected from harm, abuse or neglect
- Having stable, consistent care
- Their views (depending on age and maturity)
- Being able to engage with their culture
The court will always prioritise safety over contact and can issue parenting orders accordingly.
Family lawyers help to ensure fair property settlements
Aside from parenting, property matters related to divorce and separation make up a lot of their work. A family lawyer’s job is to help ensure that any property agreement is fair and legally sound. They also help their clients to protect their financial interests, while balancing this with what is fair and just.
They do this by:
- Helping separated couples identify all assets, debts, and financial resources
- Advising on how the law would likely assess contributions and future circumstances
- Negotiating a settlement that reflects what is fair and equitable, not just what’s offered
- Drafting consent orders or financial agreements that protect your rights long-term
Fairness isn’t just a legal requirement; it’s the foundation of a workable outcome and is required under the Family Law Act. A good family lawyer works to protect your interests, avoid future disputes and make sure the agreement holds up in court if needed.
Confidentiality in family law matters
Family law matters are treated with a high level of confidentiality because they often involve sensitive issues related to family life regarding children, personal relationships, finances and domestic violence. Most hearings in the Federal Circuit and Family Court of Australia are open to the public, however, it’s an offence to publish identifying details, particularly about children.
By contrast, other legal proceedings, like criminal trials, civil claims or commercial disputes, are generally open to the public and under the principle of open justice the media can report on them (with some restrictions).
This protects:
- Children’s identities, privacy and wellbeing
- Sensitive financial or health information
- Prevents further harm to victims of abuse or violence
- The emotional safety of all parties
- Encourages more open disclosure during disputes involving personal or emotional issues
Family lawyers are also bound by strict confidentiality obligations, so you can discuss your situation freely. Lawyers, parties, and even journalists face legal consequences for breaching family law confidentiality rules, especially under Part XIVB of the Family Law Act 1975, which restricts publication of details that could identify those involved.
What is family law? It’s about families, fairness, best interests and financial futures
Family law is designed to support separating couples and families through life’s most challenging transitions. Whether it’s making parenting arrangements or dividing property, the focus is on achieving outcomes that are fair, safe and workable for the future.
The law prioritises the best interests of the child in parenting matters, including safety, stability, and meaningful relationships. In property matters, the goal is a fair and equitable division based on contributions, future needs, and each family’s unique circumstances.
A family lawyer plays a critical role in ensuring that agreements are not only legally binding but genuinely fair. They help protect your rights, assess complex family dynamics and financial details, and guide clients through the process with clarity and confidence.
If you’re facing separation or need guidance with family law, get in touch with our team of trusted family lawyers today. Good advice now can protect you and your family for years to come.
