Does Domestic Violence Impact Property Settlements? New Family Law Act Updates
Release Date: 12/03/2024
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info_outlineDoes 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:
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đ Are dealing with financial or economical abuse and want to understand how itâs recognized in the new laws.
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â Are curious about how any type of family violence impacts property settlements.
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đž Want to know how pets are treated in property settlements under the new reforms.
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đĄ Need to understand the regulatory changes to Childrenâs Contact Services.
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đĄ Want to stay informed on how the latest family law changes could affect your case.
Key Ideas Discussed in This Episode:
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Expanded Definition of Family Violence:
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Includes economic and financial abuse (e.g., controlling finances or withholding support).
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Courts will now explicitly consider these behaviors in property settlements.
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Family Violence and Contributions:
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Courts must evaluate how family violence impacts financial and non-financial contributions.
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Adjustments to property settlements may favor victims of abuse.
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Pets in Property Settlements:
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New provisions address disputes over companion animals, focusing on exclusive ownership or sale.
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Recognizes the role pets play in family dynamics and safety concerns.
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Childrenâs Contact Services (CCS):
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Establishes accreditation and compliance requirements for CCS providers.
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Introduces protections for sensitive safety information shared within CCS.
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Protected Confidences:
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Enhances safeguards for therapeutic notes and childrenâs statements, ensuring privacy in court proceedings.
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Links & Resources Mentioned in the Podcast:
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Family Law Amendment Bill
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2425/25bd013
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ARC App https://download.arc-app.org.au/
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Empower You App - https://www.police.nsw.gov.au/safety_and_prevention/policing_in_the_community/empower_you_app
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Episodes for More Information:
https://open.spotify.com/episode/6Ci0M4DqznBf1L1kcZM3vY?si=wVsGQ4wcSViYDeBJZr8Puw
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Post-Separation Abuse: Strategies to Protect Yourself
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https://open.spotify.com/episode/1ccm01eMpJ3TMZa2uMaUMN?si=FvU_ux2ATBuiBL5IW2g8gQ
Emergency Contacts:
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WOMEN'S SHELTER SERVICE: Call 1800 811 811
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LEGAL AID:https://www.legalaid.qld.gov.au/Home Access free or low-cost legal advice tailored to your situation.
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Lifeline: Call 13 11 14 for 24/7 crisis support and counseling.
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Mensline Australia: Call 1300 789 978 for confidential support tailored for men.
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Kids Help Line: Call 1800 551 800 for counseling services for children and young people.
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Aboriginal Family Domestic Violence Hotline: Call 1800 019 123 for culturally sensitive support.
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Relationships Australia: Access resources and counseling for relationship and family issues.
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Emergency Services: Call 000 in an emergency for immediate assistance.
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DVConnect Womensline: Call 1800 811 811 for support, 24/7.
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DV Connect Mensline: Call 1800 600 636 for advice and assistance for men.
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National Domestic Violence Hotline: Call 1800 737 732 (1800 RESPECT) for 24/7 counseling and support.
These resources are here to help you. Please donât hesitate to reach out for supportâyou 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