In a significant development for Family Law in Australia, draft legislation was introduced to the Federal Parliament earlier this month which addresses the financial concerns of domestic violence victims within Family Law property disputes.
This move acknowledges the vulnerability of individuals escaping abusive relationships and seeks to provide them with greater financial protection and security in the post-separation period.
Under the proposed legislation, Courts will be compelled to consider the impact of domestic violence when making decisions in property settlements.
The Need for Financial Recognition
Post separation in instances of family violence, victims can be forced into poverty and continue to experience financial abuse and control after escaping violent situations. These legal changes aim to address these issues and provide better protection for victims.
The proposed law states that, when dividing property after a breakup, it is important to consider the financial impact of domestic violence and make adjustments in favour of the victim. This law recognises that family violence can have real financial consequences and is increasing important in decisions about who gets what property in a breakup. This change will help people, whether they're going through the court system or settling things privately, better understand how domestic violence should be taken into account when dividing property after a separation. The changes will also encourage the parties to act civilly when negotiating with their spouses.
The draft legislation also includes a specific duty of disclosure in property and financial matters pertaining to domestic violence. This duty to disclose applies during court proceedings and when parties are preparing to initiate legal action.
Changes to the Presumption of Equal Shared Parental Responsibility
The proposed changes to the law eliminate the current legal presumption of shared parenting responsibility. Currently, this presumption means that, in the absence of contrary evidence, both parents are presumed to have equal decision-making power in major, long-term decisions for their children, even in cases involving domestic violence.
Under the proposed changes, the primary focus will shift to the best interests of the child, ensuring that their safety and well-being are prioritised by the Court and all parties involved.
The changes will:
- Enhance the rights of children involved in property and parenting disputes
- Help prevent domestic violence perpetrators from repeatedly taking their victims to court and abusing court systems
- Make Independent Children's Lawyers more readily available to parties in a broader range of circumstances to ensure the children's views are considered
- Expand on the definition of family for First Nations children to ensure greater inclusivity and accessibility for First Nations communities.
This draft legislation represents a step forward in prioritising the welfare and financial security of domestic violence victims within the Australian Family Law system. As these reforms progress through Federal Parliament, they have the potential to bring about positive change in the way family disputes are resolved, with an aim to create a safer and more equitable landscape for victims of domestic violence finalising property matters.
If you believe any of the proposed changes to Family Law apply to you, it is important you obtain comprehensive legal advice from a solicitor experienced in Family Law matters. We invite you to contact our Family Law team to discuss your unique situation.
More information about the proposed Family Law Amendment Bill, is contained within the Exposure Draft available on the Attorney General's website.
If you or someone you know has been a victim of domestic violence, you can contact the National Sexual Assault, Domestic Violence Counselling Service on 1800RESPECT for 24/7 assistance and support.
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.