The Family Law Amendment Act 2024, set to come into effect from 10 June 2025, is changing the way judges must handle the division of property in cases where there has been family violence. Yet, while the media have often framed the changes in terms of making a person using violence literally pay for their actions, these changes are not about retribution – they are about fairness. A fact sheet about these changes can be accessed here.
Violence inflicts a huge economic price on women, in addition to physical, emotional and psychological damage done to them, with employment and education – a pathway to better employment – often targeted by perpetrators as a prime means of depleting or even destroying women’s ability to be financially self-sufficient.
A recent report, The Cost of Domestic Violence to Women’s Education and Employment, outlines these costs in detail, revealing:
- The employment rates of victim-survivors are lower compared to those women who have never experienced violence.
- Women who have experienced domestic violence are less likely to attain a university degree compared to those who have not.
CSMC’s own National Survey of Single Mothers shows that single mothers (around 60% of whom have experienced domestic violence) are often employed and studying at the same or higher rates than partnered mothers, a testament to their determination. Our research also confirms the impact of family violence upon women’s engagement with paid employment, with almost 60% “somewhat” or “strongly” agreement that it has had current and/or long term effect.
Making the division of assets fairer
Under the amendments to the Family Law starting in June 2025, the economic effects of family violence (including financial abuse and pet abuse) must be considered when making decisions about property and finances after separation.
Changes apply to all separating couples, whether their property settlement is determined by the family law courts or they are negotiating outside of court.
The family law courts must:
- identify all property and liabilities (debts) of the parties
- assess each party’s contributions to the property pool and to the welfare of the family
- assess each party’s current and future circumstances e.g. age and state of health, care and housing needs of children.
The changes apply to new and current applications except where final orders have commenced.
Child support is not covered but note that full disclosure of assets has to be made.
By explicitly recognising the cost of family violence, including economic and financial abuse, it’s hoped that the amended Act will have a profound effect on a woman’s ability to build a safer life after divorce, and recover from the often long-lasting impacts of violence.
“He hid my bus tickets, keycards, purse, keys etc. made me look like I was unreliable… I had anxiety all the time I was always on edge. I was unable to continue to work there. I withdrew into unemployment.”
Survey respondent quoted in The Cost of Domestic Violence to Women’s Education and Employment
