By Daniela Faggionato and Catherine Hing -
Snapshot
- Family violence now has financial weight, and solicitors must identify and present evidence of economic abuse—like controlling finances or sabotaging employment—as courts now factor this into property settlements and spousal maintenance.
- New provisions allow courts to decide pet ownership in settlements, protect sensitive counselling records and impose costs for non-disclosure or procedural unfairness—making solicitor diligence more critical than ever.
- From updating intake forms to training staff on companion animal disputes, solicitors must adapt workflows to meet a range of new obligations and standards.
The Family Law Amendment Act 2024 (Cth) has brought in significant changes that reshape key aspects of family law practice. For solicitors, these changes bring new professional obligations and duties, broader risk considerations, and a more practical lens on how family law is applied in everyday matters.
The impact of family violence
Under amendments to sections 75(2)(aa) and 79(4)(ca) of the Family Law Act 1975 (Cth) (‘FLA’), courts are now required to consider the economic impact of family violence, including financial and economic abuse, when determining property settlements and spousal maintenance. Section 4AB(2A) of the FLA lists examples of behaviour that might constitute economic or financial abuse, including: controlling money, assets or superannuation; sabotaging employment (actual or potential); accumulating debt in the abusee’s name; unreasonably withholding financial support; coercing an abusee to give or seek money or agree to do things in connection with a practice of a dowry.
