Family Law Amendment (Financial Agreements and Other Measures) Bill 2015
Friday 27 November 2015 @ 9.51 a.m. | Legal Research
The Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 was introduced into the Australian Senate on the 25 November 2015. The bill will set out to improve the operation of the financial agreements regime, strengthen laws against international parental child abduction, improve the operation of the family law courts and enhance protection for victims of family violence.
Background
Attorney General, George Brandis, said in his media release:
“On the International Day for the Elimination of Violence against Women, it is important to recognise that every woman has the right to feel safe and to live without fear. The rates of violence against women in this country are unacceptable and demand action.”
Consequently, the government has recognised the need to improve the system’s response to family violence. In his second reading speech, Senator Scott Ryan emphasised family violence as a serious social issue that affects the health and well-being of thousands of Australians and has far reaching effects on the Australian community as a whole.
The Bill
According to the explanatory memorandum, the Bill will enhance the capacity of the family law system to provide effective outcomes for users of the system.
“In particular, it aims to provide greater clarity and certainty to separating couples attempting to resolve their financial affairs without resorting to a court, enable the courts to offer better protection to victims of family violence, and improve the efficiency and operation of the family law courts.”
The Bill would amend the financial agreement regime in the Family Law Act 1975 (Cth) to:
- Remove uncertainties relating to financial agreements;
- Make certain changes to spousal maintenance;
- Introduce a statement explaining the binding nature of agreements and overall reinforce its binding nature;
- Strengthen parties from violence in certain procedural matters;
- Strengthen Australia’s response to international child abduction; and
- Assist the operation of the family law courts.
Brandis explained that the Bill will modernise the Act so it no longer misleadingly implies that conjugal rights or obligations to perform marital services still exist in Australian law.
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Sources:
Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 - Explanatory Memorandum & Second Reading Speeches, available from TimeBase LawOne
New measures to provide greater protections for Australians affected by family violence
