Divorce Law Change – Family Violence Survivors will be able to get divorced without waiting the required two years after separation

A recent change in legislation now means that people in family violence situations, who have obtained a final protection order against their spouse or civil union partner, now have the option to dissolve their marriage or civil union without having to wait two years after separation.  

What is the law change?

Nicknamed "Ashley's law", the Family Proceedings (Dissolution for Family Violence) Amendment Bill allows a party with a final protection order the option to apply for a court order dissolving a marriage or civil union under the Family Proceedings Act 1980.

How is this different?

Historically, the law required spouses to physically be living apart and emotionally separated from the relationship for two years before making an application to the family court to dissolve their marriage (i.e. get a divorce).  There were no exceptions to this, regardless of whether there was family violence present or an abusive relationship.

What does this mean for survivors of family violence?

This is good news and a welcome relief for individuals who want to dissolve their marriage and find themselves in family violence situations.  If you have a final protection order in place because of physical, emotional or psychological abuse, then you may be eligible.

Gallie Miles Relationship Property expert Rachel Cooper says “it will empower people to leave an abusive relationship knowing that they don’t have to remain married after being granted a final protection order.  This gives people a sense of autonomy and the chance to make their own decisions about their future moving forward.”

Could this apply to you?

If you’d like to know if you are eligible to file a dissolution of marriage application under the new law, or you need advice on the steps you may need to take, Relationship Property expert Rachel Cooper is here to help.

It is important that you seek specialist relationship property advice regarding your specific situation before filing court documents, as there are always other factors to consider when parties separate and relationship property needs to be divided.