THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
A simpler, safer and fairer family law system
Today the Albanese Government has introduced the next stage of reforms to make the family law system simpler, safer and fairer for all Australian families.
The Family Law Amendment Bill 2024 would ensure family and domestic violence can be taken into consideration in property settlements for separating families.
This Bill builds on the Albanese Government’s landmark family law reforms which came into effect on 6 May 2024. The Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 established new information sharing arrangements to protect against family safety risks and put the best interests of children at the centre of all parenting decisions in family law matters.
This Bill seeks to make the division of property and finances safer, simpler and fairer for separating families, especially where family violence is present. The Bill would:
- specify the approach that a court will take when deciding the division of property and finances, making the law clearer for all parties;
- ensure the economic impact of family violence is considered where relevant as part of dividing property and finances;
- ensure that the care and housing needs of children are considered in financial and property decisions;
- ensure financial information is disclosed at the earliest opportunity to promote the early resolution of disputes; and
- expand the court’s ability to use less adversarial approaches in all types of proceedings, not just for children’s matters, supporting parties to safely raise family violence risks and ensuring the safe conduct of proceedings.
We know that pets are too often used and abused in cycles of family violence. The Bill would also allow the court to consider a range of factors, including family violence, when determining ownership of pets in settlements.
The Bill would also establish a regulatory framework for Children’s Contact Services to ensure the provision of safe and child-focussed services for children whose families are unable to safely manage contact arrangements on their own.
I thank everyone who contributed to the development of the Bill, particularly to the victims and survivors of family and domestic violence who generously shared their experiences to help inform these reforms.
The Government looks forward to support from across the Parliament for these important amendments which will better support separating families.
Thursday, 22 August 2024
