Courts will need to consider the impact of domestic violence when dividing assets in divorce hearings, according to new laws introduced to Parliament, while the needs of children and pets must also be regarded.
Federal Attorney General Mark Dreyfus says the Family Law Amendment Bill 2024 will ensure a fairer and simpler system.
“Family and domestic violence is present in approximately 80 percent of parenting matters in the family courts,” Dreyfus told reporters on Aug. 22.
“We’re determined to build on the reforms we brought to the parliament last year, which took effect in May this year, which put children and the best interests of children at the centre of parenting decisions that are made after couples separate.”
Dreyfus said the new bill will also amend how courts examine dividing property and finance between separating couples, ensuring the economic impact of family violence is considered where relevant.
Further reforms will focus on ensuring children’s housing needs, early disclosure of financial information, and the use of less adversarial approaches in proceedings.
“It’s going to make sure that when the family courts are considering property and financial settlements, making decisions about what’s to happen in future with property and the finances of separating couples, that family violence is taken into account,” Dreyfus said.
Dreyfus also noted that pets, were used and abused in family violence cycles, and would be given special consideration.
Courts will consider various factors, including family violence when determining pet ownership.
“Shockingly, pets are sometimes used as weapons in family law disputes,” Dreyfus said.
“This will make sure that the family courts will be treating pets as a special form of property, and again, can take family violence into account in making decisions about pets and making sure that they’re not continuing to be used as weapons in parenting or property disputes.”
The bill will also establish a regulatory framework for Children’s Contact Services to ensure the provision of safe, child-focused services for children whose families are unable to manage contact arrangements safely on their own.
The amendment builds on the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023.
