The 2024 Family Law Act reforms are a powerful signal that the Australian legal system is catching up to the reality of family violence and its enduring impact. Set to come into effect on 10 June 2025, these changes explicitly recognise how abuse – whether financial, emotional, or physical – limits the ability of victims to contribute to the family unit’s financial wellbeing. For many, this landmark shift isn’t just about the law; it’s about restoring dignity and fairness to a system that has robbed so many of their agency.
Lara Freidin, Executive Officer of Women’s Legal Services Australia (WLSA), called this a “transformative moment” in family law. “The reforms mark a significant step towards addressing the complex challenges faced by victim-survivors of family violence and reflect a growing recognition of the profound impact family violence has on women and children.”
She emphasises that while family violence has long been recognised in case law as a consideration in property settlements, its recognition in the Family Law Act brings crucial change.
“WLSA sees first-hand the devastating impact of family violence on women’s economic wellbeing, housing security, and health, which is often exacerbated by the unfair or unjust distribution of property post-separation.
We also know women often stay in violent relationships due to economic and financial considerations, often being forced to choose between violence or poverty,” she says.
The Family Law Amendment Act 2024 introduces several significant changes that will fundamentally alter the way courts handle family law cases involving violence:
Recognition of the economic impact of family violence: These reforms mandate that family violence must be considered when assessing contributions to property and current and future circumstances in property settlements. “Family violence can have significant impacts on a person’s ability to contribute to a marriage or de facto relationship, both financially and in other ways,” Freidin explains. This is particularly relevant for victim-survivors who may face physical or psychological injuries limiting their capacity to work, care for children, or manage a household.
Enhanced protections for sensitive information: The new provisions will ensure that sensitive personal records, such as counselling or health documents, are protected in family law proceedings. This is an essential safeguard for victim-survivors, whose perpetrators may use this information to inflict further abuse.
Companion animals: “Pets are often used as a tool of family violence,” Freidin says, underscoring the importance of addressing this issue legally. The law now recognises this fact and ensures that the welfare of companion animals is considered during property settlements and relationship breakdowns.
As the legal sector prepares for these reforms to come into effect, it’s clear that family lawyers will have a critical role in supporting victim-survivors. Freidin highlights the importance of trauma-informed practice in family law, urging lawyers to be aware of how family violence can be weaponised in the legal system. “Lawyers must be vigilant and educate themselves about the psychological impact of family violence and how it may manifest in court proceedings,” she says.
She also encourages family lawyers to “engage with law societies and contribute to policy committees” to advocate for further change. By sharing anonymised accounts of their clients’ experiences and supporting organisations like WLSA, legal professionals can directly contribute to the fight for fairer laws and greater resources for victim-survivors.
For those affected by family violence, the reforms to the Family Law Act offer an opportunity to regain stability and seek fairer outcomes. But Freidin stresses that further progress is needed.
“Legislative reform is important, but it must be coupled with the resources to support it,” she says, pointing to the chronic underfunding of the legal assistance sector as a major barrier to justice. Many victim-survivors are forced to self-represent or accept unfair property settlements due to the lack of legal support, which perpetuates the cycle of financial abuse.
WLSA has called for additional government funding for specialist legal services to provide trauma-informed, specialist and gendered legal assistance services to women to navigate the family law system safely. “More work is required to ensure all professionals within the family law system are trained in the dynamics of family violence and trauma-informed practice.”
Visit the WLSA website to learn more about what the organisation does to advocate for justice, safety and equality for women.
