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Does Domestic Violence Impact Property Settlements? New Family Law Act Updates

The Divorce Course Podcast

Release Date: 12/03/2024

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Does Family Violence and Post Separation Abuse factor into Property Settlement? This is now answered in The Family Law Amendment Bill 2024 which introduces some of the most significant reforms in the Australia Family Court in decades, addressing key issues like financial abuse, property disputes, and the treatment of family violence in court. In this episode, We are going to break down the changes, and try to explain what they mean for you, and share practical tips on how to prepare if you're navigating the family court system. These updates aim to create a fairer, safer process for families in transition.  

Disclaimer: Always talk to your own lawyer before making any decisions or actions on your own case and situation. This discussion is general in nature and should not be considered legal advice.

 

Listen to This Episode If You:

  • 🌟 Are dealing with financial or economical abuse and want to understand how it’s recognized in the new laws.

  • ❓ Are curious about how any type of  family violence impacts property settlements.

  • 🐾 Want to know how pets are treated in property settlements under the new reforms.

  • 💡 Need to understand the regulatory changes to Children’s Contact Services.

  • 🛡 Want to stay informed on how the latest family law changes could affect your case.

 

 

Key Ideas Discussed in This Episode:

  1. Expanded Definition of Family Violence:

    • Includes economic and financial abuse (e.g., controlling finances or withholding support).

    • Courts will now explicitly consider these behaviors in property settlements.

  2. Family Violence and Contributions:

    • Courts must evaluate how family violence impacts financial and non-financial contributions.

    • Adjustments to property settlements may favor victims of abuse.

  3. Pets in Property Settlements:

    • New provisions address disputes over companion animals, focusing on exclusive ownership or sale.

    • Recognizes the role pets play in family dynamics and safety concerns.

  4. Children’s Contact Services (CCS):

    • Establishes accreditation and compliance requirements for CCS providers.

    • Introduces protections for sensitive safety information shared within CCS.

  5. Protected Confidences:

    • Enhances safeguards for therapeutic notes and children’s statements, ensuring privacy in court proceedings.

 

Links & Resources Mentioned in the Podcast:

https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2425/25bd013

 

https://open.spotify.com/episode/6Ci0M4DqznBf1L1kcZM3vY?si=wVsGQ4wcSViYDeBJZr8Puw

 

 

 

Emergency Contacts:

  • WOMEN'S SHELTER SERVICE: Call 1800 811 811 

  • LEGAL AID:https://www.legalaid.qld.gov.au/Home Access free or low-cost legal advice tailored to your situation.

  • Lifeline: Call 13 11 14 for 24/7 crisis support and counseling.

  • Mensline Australia: Call 1300 789 978 for confidential support tailored for men.

  • Kids Help Line: Call 1800 551 800 for counseling services for children and young people.

  • Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 for culturally sensitive support.

  • Relationships Australia: Access resources and counseling for relationship and family issues.

  • Emergency Services: Call 000 in an emergency for immediate assistance.

  • DVConnect Womensline: Call 1800 811 811 for support, 24/7.

  • DV Connect Mensline: Call 1800 600 636 for advice and assistance for men.

  • National Domestic Violence Hotline: Call 1800 737 732 (1800 RESPECT) for 24/7 counseling and support.

These resources are here to help you. Please don’t hesitate to reach out for support—you are not alone.

 

 

Disclaimer: This podcast episode provides general education for Australians and is not a substitute for legal advice. Every situation is unique, so seek personalized legal advice tailored to your circumstances.

00:00 Introduction to Family Law Changes

01:09 Significant Changes in Family Law Act

03:35 Economic and Financial Abuse

06:48 Impact of Family Violence on Contributions

10:46 Wastage and Financial Misconduct

15:47 Pets and Family Law

19:12 Children Contact Centers

20:50 Accreditation and Safety in Contact Centers

22:01 Understanding Protected Confidences

25:15 Implications of New Legislation on Counseling

27:25 Property Reforms and Family Violence

31:26 Practical Steps for Ongoing Cases

36:32 Documenting Family Violence

38:44 Future Impacts and Final Thoughts