A shift is underway in Australian family law. The recent passing of the Family Law Amendment Bill 2024 marks another significant step towards making the family law system simpler, safer and fairer for Australian families - including for victim survivors of family violence.
Recognising the impact of family violence
One of the critical aspects of the Family Law Amendment Bill 2024 is its explicit acknowledgment of the economic impact on a party of being subjected to or exposed to family violence by the other party, during a relationship.
The new law amends the family violence definition in the Family Law Act to include additional examples of conduct that constitutes economic and financial abuse. This will make it easier for those using the family law system to identify the types of conduct that may constitute family violence, and to understand that this conduct is relevant to determining a property settlement and the provision of spousal maintenance.
In addition, the Court will now have to consider, where it is relevant in the circumstances of the case, the economic impact of family violence on the respective contributions of the parties to the relationship, as well as on their current and future circumstances.
This is a significant development, as it recognises both the impact that family violence can have on a party’s ability to make contributions during a relationship (such as impacting their ability to work or care for children), as well as the ongoing financial toll that family violence can take on victims, often well beyond the relationship ending or a property settlement being finalised.
Who gets to keep the family pet in a relationship breakdown?
The new legislation also defines pets as a specific category of property with specific considerations that are to apply when the ownership of a pet is to be determined as part of a family law property settlement. The reforms allow the court to consider any family violence between the parties and whether there has been any actual or threatened cruelty or abuse towards the pet, when determining the ownership of the pet.
The National Principles to Address Coercive Control in Family and Domestic Violence 2023, recognise animal abuse as a form of family violence. The intention of the reform is to support family violence victim-survivors (including where a family pet has been used as a tool of coercion or control) to retain the pet, where this may not have occurred under the current legislation.
Addressing reckless financial behaviour
The new legislation permits the court to consider the effect of intentional or reckless material wastage by one party to the marriage on the property pool. If, for example, one party’s excessive gambling has led to a material reduction in the overall value of the property pool, the court can consider whether it would be unjust for that reduction to be shared equally by both parties.
A brighter future
While the full impact of these reforms will unfold over time, they clearly represent a positive step forward in making the family law system simpler, safer and fairer.
If you are navigating a relationship breakdown, our team of dedicated family lawyers can help you understand your rights and options, and achieve the best outcome tailored to your circumstances.
