As the year comes to an end, we reflect on the year that was and the year that is to come in the family law world.
Some Statistics To Start Us Off
In the 2023-24 financial year, 95,557 family law applications were filed in the Federal Circuit and Family Court of Australia [1]. Approximately 46.3% of those applications were for divorce.
Although we await the publication of statistics from the Family Court of Western Australia, we expect to see something in line with the 2023 figure of 5,715 divorce applications having been filed.
2024 Reflections
On 29 March 2023, the Government introduced the Family Law Amendment Bill 2023, to the Australian Parliament. In 2024, the bill received Royal Assent and the majority of the changes to the law took effect from 6 May 2024. The legislative reforms sought to, inter alia:
- Provide a simple, child-focussed list of ‘best interest’ considerations to simplify the process in respect of parenting orders;
- Implement requirements for Independent Children’s Lawyers to meet directly with children and seek their views;
- Introduce simpler enforcement provisions for child-related orders;
- Ensure that children’ voices are heard more easily in matters under the Hague Convention on the Civil Aspects of International Child Abduction; and,
- Streamline information sharing between courts and police, child protection and firearms agencies
What’s to Come in 2025
On 29 November 2024, the Family Law Amendment Bill 2024 passed through both houses of the Federal Parliament, receiving Royal Assent on 10 December 2024.
Whilst some changes have come in to effect immediately, the first substantive group of amendments take effect from 10 June 2025.
The new legislative reforms seek to, inter alia:
- Codify the process undertaken by the Courts when determining property settlements to centralise the process in statute, rather than in a mixture of statute and case law;
- Require the Court to consider the effect of family violence on a relationship, in relation to property settlements and widens the definition of family violence to include economic and financial abuse;
- Bind the Court to consider the effect of any material wastage of the asset pool by one party when determining property settlements; and
- Provide a mechanism to prevent sensitive material, in relation to family violence, from being adduced as evidence or submitted as disclosure, with the aim of preventing perpetrators of domestic violence from weaponizing any information received in family law proceedings.
The Ongoing Domestic and Family Violence Crisis
Unfortunately, despite continued reforms and Government funding efforts, we continue to see horrifying statistics such as the following:
- On average, 1 woman is killed every 9 days by a current or former partner.[2]
- Overall, 1 in 5 women and 1 in 20 men have experienced sexual violence.[3]
- In the 2022-23 financial year, more than 4 in 5 parenting, or parenting and property matters, involved allegations that a party had experienced family violence.[4] That is 83% of matters.
The incoming legislative changes are hoped to:
- Provide a clear basis for the recognition of family violence, which is intended to better support parties, both in and out of court, to understand the relevance of family violence to property distribution following separation. This would recognise that family violence is a significant community issue that carries real financial impact and is of increasing relevance to family law property matters.
- Consider the effect of financial and economic abuse, perpetrated by one party to the relationship on another party.
What do these changes mean for your family law matter?
The new family law changes can have significant implications for a client's matter.
If you or anyone you know is going through a separation, it is important to seek advice as to the effect of the legislative changes on your matter.
Our Family Law team can assist you to ensure that you are aware of the changes to the law and the decision making.
Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.
