Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The following agreements, deeds and other instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only to or in relation to a Territory:
(a) a deed or other instrument executed by a person for the purposes of, or in accordance with, an order made under this Part;
(b) a relevant maintenance agreement that confers a benefit upon a party to, or a child of, the marriage to which the maintenance agreement relates, to the extent that the maintenance agreement confers that benefit;
(c) a deed or other instrument executed by a person for the purposes of, or in accordance with, a relevant maintenance agreement, being a deed or other instrument that confers a benefit upon a party to, or a child of, the marriage to which the maintenance agreement relates, to the extent that the deed or other instrument confers that benefit.
(2) The following maintenance agreements are relevant maintenance agreements for the purposes of this section:
(a) a registered maintenance agreement made in connection with the termination of the marriage to which the maintenance agreement relates by divorce or the annulment of the marriage to which the maintenance agreement relates;
(b) a registered maintenance agreement (other than a maintenance agreement referred to in paragraph (a)) made in contemplation of the termination of the marriage to which the maintenance agreement relates by divorce or the annulment of the marriage to which the maintenance agreement relates;
(c) a registered maintenance agreement (other than a maintenance agreement referred to in paragraph (a) or (b)) made in connection with the breakdown of the marriage to which the maintenance agreement relates;
(d) an approved maintenance agreement made in connection with the termination of the marriage to which the maintenance agreement relates by divorce or the annulment of the marriage to which the maintenance agreement relates;
(e) an approved maintenance agreement (other than a maintenance agreement referred to in paragraph (d)) made in contemplation of the termination of the marriage to which the maintenance agreement relates by divorce or the annulment of the marriage to which the maintenance agreement relates;
(f) an approved maintenance agreement (other than a maintenance agreement referred to in paragraph (d) or (e)) made in connection with the breakdown of the marriage to which the maintenance agreement relates.
(3) For the purposes of this section, a maintenance agreement, deed or other instrument that confers an entitlement to property on a person may be taken to confer a benefit upon the person notwithstanding that the maintenance agreement, deed or other instrument also deprives the person of an entitlement to other property of an equal or greater value.
(a) approved maintenance agreement means a maintenance agreement approved by a court by order under section 87;
(b) registered maintenance agreement means a maintenance agreement registered in a court under section 86 or a maintenance agreement that is registered in a court under regulations made pursuant to section 89; and
(c) a reference to the marriage to which a maintenance agreement relates is a reference to the marriage the parties to which are parties to the maintenance agreement.
This Part prevents the disclosure, and admission into evidence, of information that is in connection with a family safety risk screening process carried out by the Federal Circuit and Family Court of Australia (Division 1) or Federal Circuit and Family Court of Australia (Division 2) in relation to a party to proceedings under this Act.
The process is carried out for the purpose of identifying any persons at risk of family violence in order to determine the urgency and priority of the proceedings.
No. 53, 1975
Compilation No. 97
Compilation date: 28 November 2023
Includes amendments up to: Act No. 102, 2023
Registered: 30 November 2023
This compilation is in 2 volumes
Volume 1: sections 1- 90
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Family Law Act 1975 that shows the text of the law as amended and in force on 28 November 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part VIIIAA--Orders and injunctions binding third parties
Subdivision A--Scope of this Part
90AB Definitions
90AC This Part overrides other laws, trust deeds etc.
90ACA This Part not to apply to certain annuities
90AD Extended meaning of matrimonial cause and property
90ADA Other provisions of this Act not affected by this Part
Division 2--Orders under section 79
90AE Court may make an order under section 79 binding a third party
Division 3--Orders or injunctions under section 114
90AF Court may make an order or injunction under section 114 binding a third party
90AG Orders and injunctions binding on trustees
90AH Protection for a third party
90AI Service of documents on a third party
90AJ Expenses of third party
Part VIIIA--Financial agreements
90A Definitions
90B Financial agreements before marriage
90C Financial agreements during marriage
90D Financial agreements after divorce order is made
90DA Need for separation declaration for certain provisions of financial agreement to take effect
90DB Whether or when certain other provisions of financial agreements take effect
90E Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
90F Certain provisions in agreements
90G When financial agreements are binding
90H Effect of death of party to financial agreement
90J Termination of financial agreement
90K Circumstances in which court may set aside a financial agreement or termination agreement
90KA Validity, enforceability and effect of financial agreements and termination agreements
90L Financial and other agreements etc. not liable to duty
90M Notification of proceeds of crime orders etc.
90N Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
90Q Intervention by proceeds of crime authority
Part VIIIAB--Financial matters relating to de facto relationships
Subdivision A--Meaning of key terms
90RA Participating jurisdictions
90RB Meaning of child of a de facto relationship
Subdivision B--Relationship with State and Territory laws
90RC Relationship with State and Territory laws
Subdivision C--Declarations about existence of de facto relationships
90RD Declarations about existence of de facto relationships
90RF Applying for declarations
90RH Setting aside declarations
Division 2--Maintenance, declarations of property interests and alterations of property interests
Subdivision A--Application of Division
90SA This Division does not apply to certain matters covered by binding financial agreements
90SB When this Division applies--length of relationship etc.
90SC This Division ceases to apply in relation to a de facto relationship if the parties marry each other
90SE Power of court in maintenance proceedings
90SF Matters to be taken into consideration in relation to maintenance
90SH Specification in orders of payments etc. for maintenance purposes
90SI Modification of maintenance orders
90SJ Cessation of maintenance orders
Subdivision C--Declarations and alterations of property interests
90SL Declaration of interests in property
90SM Alteration of property interests
90SN Varying and setting aside orders altering property interests
Subdivision D--Notification of application
90SO Notifying third parties about application
90SP Notifying bankruptcy trustee etc. about application under section 90SE, 90SL, 90SM or 90SN
90SQ Notifying court about bankruptcy etc.
90SR Notifying non - bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966
90ST Duty of court to end financial relations
Division 3--Orders and injunctions binding third parties
90TA Orders and injunctions binding third parties
Division 4--Financial agreements
90UA Geographical requirement for agreements made in participating jurisdictions
90UB Financial agreements before de facto relationship
90UC Financial agreements during de facto relationship
90UD Financial agreements after breakdown of a de facto relationship
90UE Agreements made in non - referring States that become Part VIIIAB financial agreements
90UF Need for separation declaration for certain provisions of financial agreement to take effect
90UG Whether or when certain other provisions of financial agreements take effect
90UH Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
90UI Certain provisions in financial agreements
90UJ When financial agreements are binding
90UK Effect of death of party to financial agreement
90UL Termination of financial agreement
90UM Circumstances in which court may set aside a financial agreement or termination agreement
90UN Validity, enforceability and effect of financial agreements and termination agreements
Division 5--Proceeds of crime and forfeiture
90VA Notification of proceeds of crime orders etc.
90VB Court to stay property or maintenance proceedings affected by proceeds of crime orders etc.
90VD Intervention by proceeds of crime authority
Division 6--Instruments not liable to duty
90WA Certain instruments not liable to duty
Part VIIIB--Superannuation interests
Subdivision A--Scope of this Part
90XB This Part overrides other laws, trust deeds etc.
90XC Extended meanings of matrimonial cause and de facto financial cause
90XD Definitions
90XDA Extended meaning of trustee
90XE Splittable payments
90XG Meaning of in force
Division 2--Payment splitting or flagging by agreement
Subdivision A--Superannuation agreements
90XH Superannuation agreement to be included in financial agreement if about a marriage
90XHA Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship
Subdivision B--Payment splitting
90XI Operative time for payment split
90XJ Payment split under superannuation agreement or flag lifting agreement
Subdivision C--Payment flagging
90XK Operative time for payment flag
90XL Payment flag
90XLA Some splittable payments payable if payment flag operating
90XM Payment flag may be terminated by court
90XN Flag lifting agreement etc.
90XO Limitation on section 79 or 90SM order
90XQ Superannuation interests in excess of low rate cap amount
90XR Enforcement by court order
Division 3--Payment splitting or flagging by court order
90XS Order under section 79 or 90SM may include orders in relation to superannuation interests
90XT Splitting order
90XU Flagging order
90XUA Some splittable payments may be made without leave of court
Division 4--General provisions about payment splitting
90XV Court may cancel payment split
90XW Deductions from splittable payment before calculating payment split
90XX Multiple payment splits applying to the same splittable payment
90XY Fees payable to trustee
90XZ Superannuation preservation requirements
90XZA Waiver of rights under payment split
90XZB Trustee to provide information
90XZC Death of non - member spouse
90XZD Orders binding on trustee
90XZE Protection for trustee
90XZF Service of documents on trustee
90XZH Terminating employment because of payment flag etc.
90XZJ Requests for Commissioner of Taxation to provide superannuation information
Part VIIIC--Superannuation interests relating to Western Australian de facto relationships
Subdivision A--Scope of this Part
90YC This Part overrides other laws, trust deeds etc.
90YD Definitions
90YE Meaning of child of a de facto relationship
90YF Extended meaning of trustee
90YG Splittable payments
90YI Meaning of in force
Division 2--Payment splitting or flagging by agreement
Subdivision A--Superannuation agreements
90YK Superannuation agreement to be included in Western Australian financial agreement if about a de facto relationship
90YL Part VIIIB superannuation agreements that become superannuation agreements for the purposes of this Part
Subdivision B--Payment splitting
90YM Operative time for payment split
90YN Payment split under superannuation agreement or flag lifting agreement
Subdivision C--Payment flagging
90YO Operative time for payment flag
90YP Payment flag
90YQ Some splittable payments payable if payment flag operating
90YR Payment flag may be terminated by court
90YS Flag lifting agreement etc.
90YT Limitation on section 90YX order
90YV Superannuation interests in excess of low rate cap amount
90YW Enforcement by court order
Division 3--Payment splitting or flagging by court order
Subdivision A--Orders in relation to superannuation interests
90YX Orders in relation to superannuation interests
90YY Splitting order
90YZ Flagging order
90YZA Some splittable payments may be made without leave of court
90YZB Geographical requirement
90YZC Length of relationship etc.
90YZD Other rules relating to proceedings under section 90YX
90YZE Varying and setting aside orders under section 90YX
Subdivision B--Notification of application
90YZF Notifying third parties about application
90YZG Notifying bankruptcy trustee etc. about application under section 90YX or 90YZE
90YZH Notifying court about bankruptcy etc.
90YZI Notifying non - bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966
Subdivision C--Duty of court to end financial relations
90YZJ Duty of court to end financial relations
Subdivision D--Orders and injunctions binding third parties
90YZK Orders and injunctions binding third parties
Division 4--General provisions about payment splitting
90YZL Court may cancel payment split
90YZM Deductions from splittable payment before calculating payment split
90YZN Multiple payment splits applying to the same splittable payment
90YZO Fees payable to trustee
90YZP Superannuation preservation requirements
90YZQ Waiver of rights under payment split
90YZR Trustee to provide information
90YZS Death of non - member spouse
90YZT Orders binding on trustee
90YZU Protection for trustee
90YZV Service of documents on trustee
90YZX Terminating employment because of payment flag etc.
90YZY Requests for Commissioner of Taxation to provide superannuation information
91 Intervention by Attorney - General
91A Delegation by Attorney - General
91B Intervention by child welfare officer
92 Intervention by other persons
92A Intervention in child abuse cases
Part XI--Procedure and evidence
Division 1--General matters concerning procedure and evidence
98A Proceedings in absence of parties
100 Evidence of husbands, wives or spouses
100B Children swearing affidavits, being called as witnesses or being present in court
102 Proof of birth, parentage, death or marriage
102A Restrictions on examination of children
Division 2--Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc.
102F Conditions for use of links
102G Putting documents to a person
102J Administration of oaths and affirmations
Division 3--Cross - examination of parties where allegations of family violence
102NA Mandatory protections for parties in certain cases
102NB Court - ordered protections in other cases
Part XIA--Suppression and non - publication orders
102P Definitions
102PA Powers of a court not affected
102PC Relationship with section 121
Division 2--Suppression and non - publication orders
102PD Safeguarding public interest in open justice
102PF Grounds for making an order
102PG Procedure for making an order
102PJ Exception for court officials
Part XIB--Vexatious proceedings
102Q Definitions
102QA Powers of a court not affected
Division 2--Vexatious proceedings orders
102QB Making vexatious proceedings orders
102QC Notification of vexatious proceedings orders
Division 3--Particular consequences of vexatious proceedings orders
102QD Proceedings in contravention of vexatious proceedings order
102QE Application for leave to institute proceedings
102QF Dismissing application for leave
102QG Granting application for leave
Part XII--Recognition of decrees
103 Decrees under this Act
104A Recognition in external Territories
Part XIII--Enforcement of decrees
106 Maintenance orders--more than 12 months in arrears
106A Execution of instruments by order of court
106B Transactions to defeat claims
107 People not to be imprisoned for failure to comply with certain orders
109 Inter - State enforcement of child bearing expenses order
109A Rules of Court relating to enforcement
109AA Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 1)
109B Rules of Court relating to enforcement--Federal Circuit and Family Court of Australia (Division 2)
Part XIIIAA--International conventions, international agreements and international enforcement
Division 1--International maintenance orders and agreements etc.
110 Overseas enforcement of maintenance orders etc.
110A Registration and enforcement in Australia of overseas maintenance agreements etc.
110B Transmission of agreements etc. to overseas jurisdictions
111 Convention on Recovery Abroad of Maintenance
111A Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations
111AA Maintenance obligations with New Zealand
111AB Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations
Division 2--International child abduction
111B Convention on the Civil Aspects of International Child Abduction
Division 3--International agreements about adoption etc.
111C International agreements about adoption etc.
Division 4--International protection of children
111CA Definitions
111CB Relationship between this Division and other provisions
Subdivision B--Jurisdiction for the person of a child
111CC Application of this Subdivision
111CD Jurisdiction relating to the person of a child
111CE Limitation when a child is wrongfully removed from or retained outside a Convention country
111CF Limitations when prior proceedings pending in a Convention country
111CG If a court is asked to assume jurisdiction
111CH Limitation if a competent authority of a Convention country is asked to assume jurisdiction
111CI When a certain Commonwealth personal protection measure lapses
Subdivision C--Jurisdiction for decisions about a guardian of a child's property
111CJ Application of this Subdivision
111CK Jurisdiction to appoint, or determine the powers of, a guardian for a child's property
111CL Limitation when a child is wrongfully removed from or retained outside a Convention country
111CM Limitations when prior proceedings pending in a Convention country
111CN If a court is asked to assume jurisdiction
111CO Limitation if a competent authority of a Convention country is asked to assume jurisdiction
111CP When a certain Commonwealth property protection measure lapses
111CR Applicable law generally
111CS Applicable law concerning parental responsibility
Subdivision E--Recognition of foreign measures
111CT Effect of registered foreign measures
111CU Obligation to obtain consent to place child
111CV Obligation to inform competent authority about serious danger to a child
111CW Court proceedings dealing with whom a child spends time with
111CX Jurisdiction for a location order or a Commonwealth information order
111CY Giving information to central authorities and competent authorities in Convention countries
111CZ Regulations to implement the Convention
111D Regulations may provide for rules of evidence
Part XIIIA--Sanctions for failure to comply with orders, and other obligations, that do not affect children
112AB Meaning of contravene an order
112AC Meaning of reasonable excuse for contravening an order
Division 2--Sanctions for failure to comply with orders
112AD Sanctions for failure to comply with orders
112AE Sentences of imprisonment
112AG Additional sentencing alternatives
112AH Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b)
112AK Variation and discharge of orders
112AM Relationship between Division and other laws
112AN Arrangements with States and Territories for carrying out of sentences and orders
112AO Division does not limit operation of section 105
Part XIV--Declarations and injunctions
113 Proceedings for declarations
114AB Operation of State and Territory laws
Part XIVA--The Australian Institute of Family Studies
114B Establishment of Institute
114C Minister may give directions to Director
114L Other terms and conditions
114LB Termination of appointment
117AA Costs in proceedings relating to overseas enforcement and international Conventions
117A Reparation for certain losses and expenses relating to children
117B Interest on moneys ordered to be paid
119 Married persons may sue each other
120 Criminal conversation, adultery and enticement
121 Restriction on publication of court proceedings
122 Rights of legal practitioners
122AAA Protection of Registrars conducting conferences about property matters
122A Making arrests under this Act or warrants
122AA Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants
122B Arrangements with States and Territories
124A Regulations in relation to overseas - related maintenance obligations etc.
Schedule 1--Child Protection Convention
Endnote 3--Legislation history
Endnote 5--Miscellaneous
