“Safer, simpler and fairer for separating families”

The second phase of amendments to the federal Family Law Act 2023 was introduced into Parliament on 22 August 2024 under The Family Law Amendment Bill 2024.

The proposed amendments seek to make the division of property and finances “safer, simpler and fairer for separating families, especially where family violence is present”. Until now, there has been no proper legislative pathway for judges to consider issues of family and domestic violence and since the late 1990s, judicial decisions in this space have resulted in a body of inconsistent case law.

The proposed changes to the Family Law Act include:

• providing legislative guidance to judges that sets out the approach that Federal Circuit and Family Court of Australia (the Court) will take when deciding the division of property and finances
• mandating the consideration of the economic impact of family violence as a relevant factor when dividing property and finances
• ensuring that the care and housing needs of children and family pets (and companion animals) are considered in financial and property decisions
• requiring the disclosure of financial information at the earliest opportunity to promote the early resolution of disputes
• expanding the Court’s ability to use less adversarial approaches in property settlement and financial proceedings to safely support and raise family violence risks – enabling parties that have been
• affected by family and domestic violence to feel safer when participating in dispute resolution events or court proceedings, and
• provision for new information sharing arrangements to protect against family safety risks.

These amendments follow on from the reforms to parenting arrangements to emphasise the safety and best interests of children when considering parenting arrangement and long-term decision making for children.

The Family Law Amendment Bill 2024 is currently before Parliament.

Helping clients take control of their circumstances, Thynne + Macartney’s team has the experience to help understand your options, know your rights and work towards the best outcome for you and your family in your circumstances.