Family violence could be key factor in divorce and seperation settlements

Instances of, or the risk of family violence will be a major consideration during separation and divorce proceedings, under proposed new laws.

Proposed laws could see magistrates and judges consider family violence and the risk of violence when it comes to dividing property, and finances in instances of seperation and divorce.

The Bill, which will be introduced by the government on Thursday, will also ensure the economic impact of family violence is considered when dividing assets, and specify the approaches a court will take when making its decision.

In stances where the existence or the risk of family violence is a factor, the proposed legislation will also call on judges and magistrates to consider the care and needs of children when determining the split of finances and property.

Courts will also have a greater capacity to use “less adversarial approaches” for all proceedings to ensure parties can safely raise the risks, and conduct safe proceedings.

Attorney-General Mark Dreyfus thanked the contribution of victim-survivors in contributing to the reforms, and said the amendment would “better support separating families,” and make the family law system simpler, safer and fairer.

Attorney-General Mark Dreyfus is set to introduce the Family Law Amendment Bill 2024 on Thursday. Picture: NewsWire / Martin Ollman

He pointed towards two provision of the Bill, which will ensures magistrates and judges consider the welfare of pets when determining settlements, and extra safeguards to protect children.

“We know that pets are too often used and abused in cycles of family violence,” he said.

“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-focused services for children whose families are unable to safely manage contact arrangements on their own.”

The latest slate of reforms comes after previous legislation explicitly set out rules to ensure parenting disputes were resolved based solely on the best interests of the child, and removed the presumption that parents have “equal shared parental responsibility”.

Since May 6, courts are also able to speedily order information from police, child protection and firearms agencies about family violence, child abuse and neglect

Originally published as Family violence could be key factor in divorce and seperation settlements