Following incremental changes to the Family Law Act over the last 12 months, the latest round of amendments mean significant changes. RMB Family Law Senior Associate DANIELLE CARTWRIGHT explains:

Under changes to the Family Law Act effective from June 2024 there is now no need for parties who have been married for less than two years to attend counselling before filing for divorce.

This reflects current community standards and reduces unnecessary contact between married parties. This should mean no longer do you need to wait for a two-year date to apply for a divorce to avoid having to do counselling.

With changes to section 98A of the Family Law Actdivorcing parties whether filing jointly or solely will no longer need to attend the divorce hearing ,even if the parties have children under the age of 18 years. The only exception is if there are issues with service of the divorce documents or if someone has filed a response to a Divorce.

This will make a difference to costs as a solicitor may not need to attend any court appearance for your divorce order to issue

Orders relating to companion animals can now be made with more specificity. These changes aim to reflect the importance of family pets in society.

While it is not possible for orders to be made for the family dog or cat to be shared between the parties, the Court has made changes to allow proper consideration of the effect that that these animals may have for the individual.

These could include circumstances where a child is particularly close to a dog, or if it is an emotional support animal for a child or an individual.

It takes into consideration the following principles: how the animal was purchased/obtained; who has ownership or possession of the animal; the extent to which each person cared for and paid for the maintenance of the animal; any family violence to which one party has subjected or exposed the other party; any history of actual or threatened cruelty or abuse towards the animal; any attachment by a party, or a child of the marriage, to the companion animal; and the ability of each person to care for and maintain the animal in the future without support or involvement from the other person.

Talk to one of our Family Law team to discuss your options and how these changes may affect you. For further information contact us.