Family law matters can already be emotionally and financially stressful. From 1 July, changes to Federal Circuit and Family Court filing fees may affect the cost of starting or progressing a family law matter. At the same time, important updates to family law property matters are changing the way financial abuse, family violence and even family pets may be considered in property settlements.
These changes are particularly relevant for people who are separating, recently separated or considering making an application in relation to parenting, property or financial matters.
Family Law Filing Fees Are Changing
The Federal Circuit and Family Court of Australia filing fees are updated from time to time, and new fee changes apply from 1 July. These filing fees can apply to a range of family law applications, including divorce applications, initiating applications, interim applications and other court documents. See the breakdown of fees here.
For some people, this may increase the cost of commencing proceedings or taking further steps in an existing matter. While court fees are only one part of the overall cost of a family law matter, they are an important consideration when planning how to move forward.
In some circumstances, a reduced fee or exemption may be available. This may apply to people who hold certain concession cards, receive specific government benefits or can demonstrate financial hardship. It is important to check whether you may be eligible before filing your application.
Property Settlement Changes
Significant changes have also been introduced in relation to family law property and financial matters. These changes are designed to better recognise the realities of family violence, financial control and the practical issues that separating couples often face when dividing property.
A property settlement involves identifying and dividing the assets, liabilities and financial resources of a relationship. This may include the family home, savings, superannuation, vehicles, businesses, debts, investments and other financial interests.
The updated laws provide greater clarity around how the Court may approach property and financial matters after separation, including where family violence has had an economic impact on one party.
For more information on Property Settlement after Divorce, read our blog here: https://familylawco.com.au/property-settlement-after-divorce-family-law-advice/.
Economic and Financial Abuse
One of the key changes is the clearer recognition of economic or financial abuse within the definition of family violence.
Economic or financial abuse can take many forms. It may include one person controlling all household finances, preventing the other person from working, restricting access to money, creating debt in the other person’s name, withholding financial information or using money as a form of control.
These behaviours can have long-term consequences. A person who has experienced financial abuse may leave a relationship with limited savings, reduced earning capacity, damaged credit, unpaid debts or limited knowledge of the financial position of the relationship.
The changes mean the economic effect of family violence may be relevant when determining a property settlement. This is an important shift because it recognises that abuse is not only physical. Financial control can deeply affect a person’s independence, safety and future financial security.
Family Pets in Property Settlements
Another important change relates to family pets.
For many separating couples, pets are not simply property. They are loved members of the family. In some relationships involving family violence, pets may also be used as a way to control, intimidate or threaten a person.
The new framework provides greater guidance around how the Court may determine ownership of a family pet in property settlement matters. This may include consideration of factors such as who has cared for the pet, the welfare of the pet, the connection between the pet and any children, and whether there has been family violence or threats involving the pet.
This change acknowledges the emotional and practical significance pets can have in separated families, particularly where safety concerns are present.
Why These Changes Matter
Together, these changes reflect a broader shift in family law. The system is increasingly recognising that separation is not only about dividing assets on paper. It is also about understanding the circumstances of the relationship, the impact of family violence and the future needs of each person.
If you are considering a family law application, it is important to understand how filing fees may affect your matter and whether the property law changes may be relevant to your circumstances.
Seeking legal advice early can help you understand your options, prepare your documents correctly and make informed decisions about the next steps.
This article contains general information only and does not constitute legal advice. You should seek advice from a qualified family lawyer about your specific circumstances.
If you need help navigating these changes, do not hesitate to Contact Us or Book An Appointment.
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