New laws introduced to Parliament will require Australian courts to consider the impact of domestic and family violence when dividing property and finances during separations. The bill also prioritises children’s needs and the fair treatment of pets in family disputes.
Australian Attorney General Mark Dreyfus says the Family Law Amendment Bill 2024 would ensure a fairer and simpler system.
This bill builds on the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023, which established new information-sharing arrangements.
“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 emphasised that the new bill seeks to amend how courts approach property and finance divisions, 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 all types of 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, often used and abused in family violence cycles, will be given special consideration under the new rules.
Courts will consider various factors, including family violence when determining pet ownership.
“Shockingly, pets are sometimes used as weapons in family law disputes,” he 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.