DV and property settlements
Proposed changes to the Family Law Act and what they mean
Having worked with many families and individuals in our practice, we have seen the devastating impact that family violence can have on families. In this latest blog from Bayside Family Law Solutions, Chris Forster explores changes proposed for the Family Law Act and how these could help reduce family violence. Read on to learn more.
Hitting blokes where it hurts
Ray is a lovely bloke, or so it seems anyway. He’s always the life of the party. Sure, he sometimes has one drink too many, and a few strange stories about him have done the rounds. But the ladies mostly love him, and he’s widely regarded as a good guy.
As the saying goes, you don’t know what goes on behind closed doors.
When Ray arrives home after being out for a few drinks, he’s no longer the gregarious character that people are so fond of. His wife, Tara, and the kids are all on tenterhooks. They’ve learned from experience to keep out of his way. Even the family pooch, Sooty, has scarpered into a safe spot. Tara has cleaned the house and made sure that Ray’s dinner is ready for him.
She had hoped to catch up with her mum earlier in the day, but Ray called a few times to “check in”, reminding Tara that she wasn’t to have anything to do with her mum until he received an apology for some perceived insult. Tara doesn’t have much money of her own as Ray has said he doesn’t want her to have to work because he’ll provide all she needs, and she has no friends to call anyway, so it’s been a quiet day. She’d like to play her gran’s piano that’s been gathering dust but thinks there’s no point as she’d be no good at it anyway.
Hopefully, one day soon, Tara will find a way to leave Ray. When she does, and Tara needs legal representation to pursue a fair settlement (Ray has offered a minimal payment as he earned all the money), Ray will hopefully find out the hard way that his behaviour towards Tara and their kids will hit him in the hip pocket.
Property Settlement at a glance
When working out property settlements, the Family Law Act states that any settlement should be “just and equitable”. It should take into account the contributions made by each of the parties and compare their “future needs”. It’s all pretty vague.
To understand how the law works in practice, it’s essential to familiarise yourself with the principles that the Court has developed over the past 50 years. Interestingly, a couple of these principles can lead the Court to make orders in a limited number of cases, acknowledging the impact of behaviour – like that of individuals such as Ray – on their former partners.
New Changes to the Family Law Act
Changes to the Family Law Act are now being considered by the Federal Parliament. These changes would require the Court in property settlement cases in black-and-white terms to consider the effects of family violence in relevant circumstances. The changes are also likely to require consideration of any reckless or intentional waste of assets.
Recognising the significance of our beloved pets, the amendments are also set to allow the Court to make decisions regarding pets like Sooty and his friends. Factors such as who cared for the pets, whether they were mistreated, any involvement of family violence, and the emotional attachment of either party – or a child – to the pet will be considered.
Now, these proposed changes aren’t yet law, and they might not immediately change how the current law is applied in the Courts. However, assuming that the changes do come into effect, they will send a message into the public domain that behaviour like Ray’s can reduce their share of the assets when it comes to property settlement. It is reasonable to hope and expect that including these proposed provisions in the statute books will lead to them being applied in a more meaningful way. The current sliver of affected cases might grow to a fair old chunk of them.
Final thoughts
With issues of family violence continuing to run rife and the damning statistics of dozens of women being murdered by their intimate partners in Australia every year, maybe these family law amendments will be a positive step towards blokes changing their behaviour and reducing family violence. We’d like to think it’s pretty obvious how much harm is caused by this scourge of family violence. However, even if it’s driven by self-interest, blokes (let’s face it, fellas, it’s almost always us) might soon have more motivation to become better and stop wreaking havoc in their families. We certainly hope so.
If you are experiencing family violence or want to know where you can find specific support, below is a list of resources available to help you:
1800 Respect National Helpline: 1800 737 732
Women’s Crisis Line: 1800 811 811
Men’s Referral Service: 1300 766 491
Lifeline: 131 114
For Emergencies – 000
If you are separating and need family law support that is practical to your needs, BFLS can give you the expert legal advice and holistic guidance you need. Reach out to us for a chat here.
