Significant changes are coming to Family Law which will affect separating couples in a variety of ways.
While some of the amendments are unlikely to make a major difference in settlements, the headline-grabbing change is that the Court must explicitly consider and take into account the effect of any family violence when dividing assets or making orders for spousal maintenance.
The effect of this change is expected by some to be significant and will be taken into account when the Court evaluates everyone’s contributions to the relationship and when it considers the effect any violence has had on someone’s current and future ability to earn.
Potentially, survivors of family violence will see their overall share of the combined assets increased in multiple ways due to this new law.
The effect of this could be wide-ranging, given that the recent statistics show that more than 80 per cent of cases in litigation involve allegations of violence by at least one person.
Some other amendments that are likely to be more relevant for the majority of separating couples include:
- Considerations of how liabilities are incurred;
- The effect of wasting formerly-owned assets;
- The need of either party to provide appropriate housing for children;
- Making attendance at straight forward divorce hearings optional for everyone; and
- Enabling the Court to make orders in relation to the family pet, such as, that one person have sole ownership, that the animal be transferred by consent to another person, or for it to be sold.
A lot of the changes begin on June 10, but some of the amendments will apply to proceedings already underway but not yet finalised.
Given the significance of these changes, anyone going through a separation should consider getting specific advice as to how their settlement may be affected.
The information in this article is merely a guide and not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.
