The Australian Commonwealth Parliament passed the Family Law Amendment Act 2024 (the Act) on 29 November 2024. This is a significant piece of legislation for the Australian community within the Family Law space as it takes steps to address (among other things) the way that family violence is to be considered by the Court in relation to property matters. The amendments received Royal Assent on 10 December 2024 and will take effect from 10 June 2025.

Traditionally, the Family Law Act 1975 (Cth) has not specifically required family violence matters to be taken into account in relation to a property settlement. There is a body of case law that arises out of the judgment of Kennon v Kennon (1997) which details that the Court may consider family violence and the effects that this has upon the victim’s ability to contribute to the property pool. For example, a course of violent conduct can make their contributions to the property pool more onerous.

These long-awaited reforms, as outlined by the Attorney-General’s portfolio on their website, go a step further by explicitly requiring that the economic impact of family violence be considered when dividing property and finances. The Act includes several key provisions designed to improve outcomes for families, including:

• Ensuring the economic impact of family violence is considered when dividing property and finances, where relevant.
• Guaranteeing that the care and housing needs of children are factored into financial and property decisions.
• Promoting the early resolution of disputes by requiring the early disclosure of financial information.
• Expanding the court’s ability to utilise less adversarial approaches in all types of proceedings.
• Establishing a regulatory framework for Children’s Contact Services to ensure safe, child-focused services for children whose families cannot manage contact arrangements independently.

These significant reforms are aimed at recognising the detrimental effects and financial consequences of family violence within Australian families.

If you or someone you know is facing issues related to family violence or requires support, there are many resources available. Never forget that there is never any excuse for any form of family violence, and help is always available.