The Family Law Act 1975 (Cth) (the Act) was only just amended on 6 May 2024. The next suite of amendments looks set to have even more of a positive impact on the lives of victim-survivors of family violence.
The Family Law Amendment Bill 2024, currently before the Senate, aims to address key issues such as:
- the financial impact family violence has on separating couples and their families when determining how to divide their property fairly after separation;
- keeping pets affected by family violence safe; and
- introducing tighter regulations for Child Contact Services.
Key Changes to the Family Law Act To Note
1. Increased Recognition of Family Violence in Property Settlements
One of the most crucial changes involves how the Federal Circuit and Family Court of Australia (the Court) will approach cases involving family violence. The Court is now mandated to consider the impact of any family violence on an affected party's current and future circumstances. This includes acknowledging economic abuse and dowry abuse as forms of violence, recognising their profound effects on the victim's long term financial stability and emotional well-being.
Family Violence often impacts people financially. It can render a victim-survivor unable to work or maintain a full-time commitment to their job; debts can be assigned without a person's knowledge or consent and access to funds can be controlled to the detriment of a victim- survivor's wellbeing. An example of family violence is restricting access to funds for living expenses or making demands and using dowry as a bargaining chip.
The current definition of family violence in the Act already includes:
unreasonably denying the family member the financial autonomy that he or she would otherwise have had;
or
unreasonably withholding financial support needed to meet the reasonable living expenses of the family member or their child, at a time when the family member is entirely or predominantly dependant on the person for financial support.
It is expected that these new changes will provide a greater opportunity for advocacy in and out of Court about how the economic abuse has affected a victim-survivor and what consequences should flow from this. For example, should they receive a greater proportion of the property division?
2. Protection of Pets
In an innovative step, the Court will have new powers to issue orders aimed at protecting pets—defined as companion animals. Pets are often caught in the crossfire of family disputes. This change reflects a growing awareness of their importance to family dynamics and emotional health.
The current definition of family violence in the Act already includes intentionally causing death or injury to an animal.
The new changes provide the Court with the ability to order that only one party is to have ownership of the pet. This gives the Court the power to assign ownership of an injured animal to the victim-survivor of family violence. The intention is to keep the pet safe and provide a flow on effect of positively contributing to the victim survivor's emotional wellbeing.
3. Regulatory Framework for Children's Contact Services
To enhance the safety and quality of interactions between children and parents, a new regulatory framework will govern Children's Contact Services. This aims to ensure that these services operate under clear standards, prioritizing the well-being of children during contact visits.
Children's Contact Services are essential for a safe transition between parents who have been affected by family violence, or a reintroduction of a parent and child after a period of absence. They provide the necessary facilitation, supervision and education for parents affected by family violence. Contact services provide a safe way for children to strengthen or build connections with a parent following separation.
The new amendments recognize the important role Contact Services play in decreasing tension and anxiety for families affected by family violence and formalise and strengthen their operations. An accreditation scheme will be implemented in the future and there will also be clearer controls around the sharing of information by Contact Service providers.
Other procedural changes
The new changes will see the Court prioritizing a less adversarial approach in cases involving the division of property. A consistent approach will soon apply to each case, regardless of whether it is a dispute about children or property, or both.
Divorcing couples with children will also soon no longer be required to attend court for Divorce applications, streamlining the process and reducing stress for families.
A Timely Overhaul of the Family Law Act
The Family Law Amendment Bill 2024 represents a significant overhaul of Australia's family law system. By addressing family violence comprehensively and considering the welfare of all family members—including pets—the Bill aims to foster a safer more equitable environment for families facing separation.
These changes come at a critical time, reflecting a broader societal shift towards prioritising the well-being and safety of vulnerable individuals in family law proceedings. As these reforms are implemented, they hold the potential to transform how family law is practiced in Australia, making it more responsive to the needs of those it serves.
Families navigating separation can look forward to a more compassionate and understanding legal framework, ensuring that justice is served not just in theory, but in practice.
Finding the right family lawyers to help navigate a separation
We have a team of family lawyers at PCL Lawyers who are familiar with the dynamics of family violence and the impacts it has on separating families.
PCL Lawyers' can provide expert advice on how these changes might affect you. We strive to keep abreast of the changes, their timing and the different ways in which they will unfold.
Get in touch with one of our experienced family lawyers if you would like a clear advice and a understanding discussion about your separation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.