In May 2024, significant amendments to Australian Family Law were enacted, reshaping the approach to property settlement in cases involving domestic violence. These changes reflect a growing recognition of the profound impact that domestic violence has on victims, particularly during the division of assets after a relationship breakdown.
The 2024 reforms introduced clearer guidelines for courts to follow when domestic violence is a factor in property settlement. Under the amended Family Law Act, there is now a stronger emphasis on the effects of abuse on the victim’s financial and non-financial contributions to the relationship. Courts are mandated to consider how domestic violence may have restricted a victim’s ability to earn an income, participate fully in the relationship, or contribute to household finances. This approach ensures that the victim’s diminished capacity due to abuse is adequately reflected in the property settlement. Moreover, the amendments recognise the long term emotional and psychological impacts of domestic violence, allowing courts to adjust asset division to better support the victim’s future needs.
As Australia continues to advance its legal framework, the 2024 amendments signify a crucial step towards a more compassionate and equitable approach to property settlements in the context of domestic violence, reinforcing the legal system’s commitment to protecting vulnerable individuals.
If you are considering property settlement or parenting arrangements, it is important to seek legal guidance to navigate the complexities of the updated laws. Our family law team is here to help. Contact us on 1300 285 888 to arrange a free initial consultation and discuss how we can ensure you receive a fair and just settlement.
