Family Law Act
Australia
Family Law Act 1975 Act No. 53 of 1975 as amended Compilation start date: 1 July 2013 Includes amendments up to: Act No. 13, 2013 Australia
Family Law Act 1975
No. 53, 1975 as amended
Compilation start date: 1 July 2013 Includes amendments up to: Act No. 13, 2013 ebooks@prospekt.org
Family Law Act 1975
No.В 53, 1975 as amended Compilation start date:В 1В July 2013 Includes amendments up to:В Act No.В 13, 2013 About this compilationThe compiled Act This is a compilation of the Family Law Act 1975 as amended and in force on 1В July 2013. It includes any amendment affecting the compiled Act to that date.
This compilation was prepared on 2В July 2013 The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters
Part I — Preliminary
1 Short title This Act may be cited as the Family Law Act 1975.
2 Commencement This Act shall come into operation on a date to be fixed by Proclamation.
3 Repeal and saving (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed.
(2) Notwithstanding the repeal effected by subsectionВ (1): (a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or PartВ I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognized in all courts in Australia; (b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and (c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory: (i) made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or (ii) made after the commencement of this Act in proceedings to which subsectionВ 9(1) applied; shall have, or continue to have, effect throughout Australia, and, except in the case of: (iii) a decree of nullity of marriage made on the ground that the marriage was voidable; (iv) a decree of judicial separation; (v) a decree of restitution of conjugal rights; (vi) a decree of jactitation of marriage; or (vii) a separation order; this Act applies to and in relation to the decree as if the decree had been made under this Act.
(3) For the purposes of paragraphВ (2)(c), a purported decree to which sectionВ 5 of the Matrimonial Causes Act 1971 a