Victims of domestic violence will get a greater slice of the home in property disputes under new laws made to reflect the vulnerability of people escaping abusive relationships.
An exposure draft of family law legislation to be released by Attorney-General Mark Dreyfus on Monday will force courts to consider the effects of family and domestic violence when determining property settlements, following years of advocacy by campaigners.
The draft legislation contains a range of other measures, including a specific duty of disclosure in property and financial matters, which would apply during court proceedings or when a party is preparing to start a proceeding.
The amendments compliment a raft of reforms in a separate bill before parliament, which include barring domestic abusers from repeatedly taking their victims to court, as well as scrapping a legal presumption of shared parenting responsibilities to prevent partners from weaponising the courts against their families.
The changes will also require in the majority of cases for an independent children’s lawyer to meet with children involved in disputes to make sure their views are considered; will lower the threshold for the appointment of children’s lawyers in cases of international child abduction; and expand the definition of family for First Nations children to be more inclusive of cultural factors.
That bill is before the Senate after having passed the House of Representatives earlier, while the exposure draft will be introduced into parliament early next year.
Source: 12ft | Domestic violence victims win in property disputes under family law reform