The Role of Family Law in Queensland: Everything You Need to Know

Oct 17, 2023

Understanding Family Law

Family law is a legal area that deals with family-related issues and domestic relations. It covers a wide range of topics, from marriage and divorce, to child custody and adoption. In Queensland, family law is governed by both state and federal legislation, with the Family Law Act 1975 being the primary federal law in this area. Understanding the nuances of family law can be complex, but it is vital for anyone dealing with family-related legal issues.

family law books

Marriage and Divorce

Family law plays a significant role in matters of marriage and divorce. It governs the legal requirements for marriage, including age restrictions, consent, and the prohibition of bigamy. In case of divorce, family law outlines the grounds for divorce, the process to be followed, and the division of property. It's important to note that in Australia, the ‘no-fault’ divorce principle applies, which means that the court does not consider who was at fault in the marriage breakdown.

Child Custody and Support

The welfare of children is a primary concern in family law. In cases of separation or divorce, the law ensures that the best interests of the child are prioritised. It considers factors such as the child's relationship with each parent, the parents' ability to provide for the child, and the child's wishes, depending on their age and maturity. The law also provides for child support, ensuring that both parents contribute to the financial needs of their children.

child custody

Domestic Violence

Family law in Queensland plays a crucial role in protecting victims of domestic violence. The Domestic and Family Violence Protection Act 2012 provides protection to victims and holds perpetrators accountable. It allows for the issuance of protection orders and offers support services to victims. If you're experiencing domestic violence, it's crucial to seek legal help immediately.

Adoption and Surrogacy

Adoption and surrogacy laws vary across Australian states, and Queensland has specific laws in place. The Adoption Act 2009 governs adoption, with rigorous processes to ensure the child's best interests. Surrogacy, on the other hand, is regulated by the Surrogacy Act 2010, which allows both altruistic and gestational surrogacy but prohibits commercial surrogacy.

adoption surrogacy

Seeking Legal Help

Family law matters can be emotionally charged and legally complex. It's essential to seek legal advice to understand your rights and responsibilities. Family lawyers can provide advice, represent you in court, and help negotiate agreements. Remember, each case is unique, and the information provided here is a general overview. Always consult with a professional for advice tailored to your situation.


Family law plays an integral role in managing and resolving family-related issues in Queensland. From marriage and divorce to child custody and domestic violence, it seeks to protect the rights and welfare of individuals, especially children. Understanding family law can help you navigate these often challenging issues with confidence and clarity. Remember, when dealing with family law matters, professional legal help is invaluable.