Divorce could become safer and easier for DV survivors

Proposed changes to family law provisions could help victims of domestic violence. (April Fonti/AAP PHOTOS)

Australians fleeing domestic violence could find it easier to divorce their partners under sweeping family law changes set to pass federal parliament.

About one in five Australians have experienced violence, emotional or economic abuse at the hands of a partner, according to the Australian Bureau of Statistics, and this may not stop when a relationship ends.

More than 80 per cent of applications for parenting or property-related orders filed to the Federal Circuit and Family Court of Australia contained allegations of family violence, and women who have experienced violence may not receive a fair division of property and could suffer long-term financial consequences.

But a federal government bill will make it easier and safer to navigate a divorce, particularly when property, pets or financial assets are involved.

Under the amendments, economic consequences of family violence can be considered by courts when resolving property and financial aspects of a divorce and case management will be improved to reduce costs and stress.

The laws could also prevent perpetrators from using the legal system to abuse their former partners through means like disclosing private and sensitive records in court.

A Senate committee report into the legislation, released on Thursday, shows it has support across the major political parties.

Domestic violence
The proposed changes could make divorce easier and cheaper for victims of domestic violence.

"This consideration is long overdue," the committee said.

"Requiring the courts to consider the impacts of family violence in this way will lead to fairer settlements and better outcomes for victim-survivors."

The report even recommends the bill go further in some areas.

Couples that have been married for less than two years have to undergo counselling before applying for divorce, in the bill's current form, but the committee suggests scrapping this requirement.

The Family Law Amendment Bill 2024 has already passed the House of Representatives and is set to return to the Senate later in November.

Throughout 2024, high-profile domestic and family violence deaths have shocked Australians.

In May, Perth man Mark James Bombara killed Jennifer Petelczyc and her daughter Gretl while searching for his estranged wife, and a month earlier Daniel Billings allegedly murdered his ex-girlfriend Molly Ticehurst at her home in central-western NSW while out on bail.

Prime Minister Anthony Albanese in April declared a "national crisis" of violence, with one woman being killed every four days.

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