However, a residual "fault" element remains in relation to child custody and property settlement issues.
The federal Family Law Act 1975 covers divorce, children's orders, property division, spousal maintenance and related matters.
In addition, the 1975 Act also abolished the legal concept of non-consummation of marriage as a ground for annulment,[7][8] so that a divorce application would need to be made.
[13] Ms Bown had located a drivers licence issued in the county from where Mr Jalloh originated, which had his name written as 'Jalloph'.
Under the Commonwealth law a spouse had to establish one of the 14 grounds for divorce set out in the Act, including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity.
[19] In reality, the system was very expensive and humiliating for the spouses, necessitating appointment of barristers, often private detectives, collection of evidence, obtaining witness statements, photographs and hotel receipts, etc.
[22] Since 1 March 2009 (1 July 2010 in South Australia), in all states or territories except Western Australia, matters arising from separations of de facto relationships, such as child custody and property rights, are also covered by the Family Law Act under powers conferred to the Commonwealth by five of the states.
[25] Parties to a de facto relationship have only two years after separation in which to file for property and/or spousal maintenance in the Family Court.
The names for de facto and similar relationships in each state and territory were/are as follows: Because of how the power from state or territory to federal jurisdiction was conferred (see Section 51(xxxvii) of the Australian Constitution), de facto couples outside Australia are not covered by the Family Law Act.
The legal status and rights and obligations of the de facto or unmarried couple would then be recognised by the country's laws of where they are ordinarily resident.
See the section on Federal Circuit and Family Court of Australia for further explanation on jurisdiction on de facto relationships.
[citation needed] In the last decade not one Australian father has been given equal parenting access in any case reported on the Austlii website.
[39] Australia is an equitable distribution country,[40] meaning that on divorce or death of a spouse net wealth is not split evenly (50/50) as community property.
Instead courts have wide powers, taking into account 27 or so statutory factors, to determine what a "just and equitable" division of wealth would be.
[41] The vast majority of outcomes result in a division of 55-65% in favour of the wife, or economically weaker spouse, before payment of legal fees.
[47] Common relevant circumstances include the care of children, a disparity of income, and the impact on the relationship of time out of the workforce.
Under Part VIIIA of the Family Law Act (for de facto couples: Division 4 of Part VIIIAB), parties may opt-out of the ability of the court to make orders in respect of property settlement or spousal maintenance by use of a valid Binding Financial Agreement.
[55][56] The effect of a valid Binding Financial Agreement is to prevent a Court making orders under Part VIII of the Family Law Act (or the corresponding de facto provisions), meaning that property will be divided and/or spousal maintenance will be dealt with in accordance with the provisions of the agreement.