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Family Law Family Law Shake- Up: How the 2024 Amendments Protect Victims of Family Violence
Big changes are coming to Family Law! The Family Law Amendment Act 2024, set to take effect on 10 June 2025, is bringing long-overdue updates—especially when it comes to family violence and financial abuse in property settlements.
If you’re going through a separation, these changes could impact your case. Here’s what you need to know:
1. Family Violence Now Includes Financial Abuse
The definition of family violence has been expanded to include economic and financial abuse— a crucial update for victims who have been financially controlled by their partner. Family Violence is also now a consideration for the Court when assessing:
- Spousal maintenance claims
- Property contributions in settlements
- Future financial needs of each party
This is a major step in ensuring fairer outcomes for those who have suffered coercive control.
2. Clearer Rules for Property Settlements
Previously the Family Law Act lacked a clear step-by-step process for property settlements with lawyers relying on the structure from the cases that came before. The amendments now outline exactly how the Court determines who gets what:
- Identify the asset pool
- Assess each party’s contributions
- Consider future financial needs
- Ensure the division is just and equitable
This structured approach aims to reduce confusion and provide clearer expectations for separating couples.
3. Who Gets the Pet? The Court Now Has Guidelines
If you’ve ever worried about who keeps the family pet after separation, the Court now has guidelines to help decide. While pets have traditionally been treated as property, these changes recognise their emotional importance in families.
4. Stricter Penalties for Children’s Contact Services
The accreditation program established for Children’s Contact Services, which help facilitate safe handovers and supervised visits, has been supported through penalties in the Family Law Act if a Contract Service fails to meet accreditation standards. This ensures greater safety and accountability in parenting arrangements.
What Does This Mean for You?
If you’re dealing with a property settlement or parenting dispute, these changes could impact your rights and entitlements. Seeking legal advice early can help you navigate the new rules and protect your interests.
Need expert guidance? Contact our family law team today to discuss your situation.
- Estate Planning
- Why Children Can’t Be in a Will Appointment – And
- What You Should Do Instead
Why Children Can’t Be in a Will Appointment – And What You Should Do Instead
Thinking about getting your Will sorted but wondering if you can bring your kids along to the appointment? Many parents assume it’s fine to have their children present, but in most cases, it’s not allowed. Here’s why—and what you can do instead.
When you make a Will, the law requires that it be made voluntarily and without pressure. If a child (or any other person) is present, concerns may be raised as to whether they are influencing your decisions, particularly if they are going to get a gift from your Estate.
This becomes even more important where:
- You are leaving different amounts to beneficiaries who would otherwise have similar standing
- You are excluding someone from your Will
- There are complex family dynamics (e.g., blended families, estranged relatives)
To protect the validity of your Will, your lawyer will want to ensure that your instructions are truly your own—without external pressure, and the best way to do this is to talk to you alone.
Your discussions with your lawyer are private and legally protected. Having children in the room—especially if they are adults—can create problems in relation to your right to privilege and confidentiality.
Your lawyer will want to have an open conversation with you, discussing all options for your estate planning, potential risks, and how best to protect your wishes.
If your children are minors, it’s simply not appropriate for them to be present during discussions about death, inheritance, or family disputes. These topics can be complex and emotionally challenging, and it’s best to keep them out of adult decision-making processes.
In most cases bringing your spouse to the appointment is not only allowed, but encouraged. Having an agreed position as to what will happen to your Estate, particularly where they are held jointly, is a critical step in Estate planning.
Final Thoughts
A Will is one of the most important legal documents you’ll ever create, and ensuring it’s done correctly and without influence is crucial. By attending your appointment alone, you help protect the integrity of your Will and ensure your wishes are carried out exactly as you intend.If you’re ready to make or update your Will, contact our expert family lawyers today to get started.
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