Fast-track dissolution for family violence survivors: key changes and challenges

The Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 allows people with a final protection order against their spouse to dissolve a marriage or civil union without waiting for the usual two-year separation period before applying. The change aims to provide a faster and safer relationship exit for victims of family violence. The Act takes effect from October 2025.

Property Division Still Follows the One-Year Rule

While the law change intends speeds up the dissolution process, it does not change the one-year timeframe for filing property division applications under the Property (Relationships) Act 1976. Property matters are often the biggest hurdles for separating couples, and can take several months or even years to resolve.

If separating partners can’t agree on how to divide their relationship property after separation, they must apply to the Family Court within one year of dissolving their marriage or civil union. If they miss this deadline, they may be time barred from making a claim unless they obtain a court-approved extension. Since this law change allows for quicker dissolutions, the clock on property claims will start ticking sooner—potentially catching people off guard. It’s crucial for separating partners to start addressing property matters before finalising their dissolution.

Challenges With Service of Documents

Another unresolved issue is the difficulty of serving dissolution proceedings on the other partner. Dissolution applications can either be made jointly, or if one person does not cooperate with the process, a single applicant can apply. The application must be served on the other partner before the Court will process it.

As noted in submissions from the legal community on the proposed change, abusive partners often evade service, causing delay in both dissolution and property proceedings. This avoidance tactic can prolong the legal process, making it harder for survivors to move on.

It is important to reach out to a lawyer to get legal advice if you are considering applying for dissolution or dividing property, to ensure smoother legal pathways to separation.

If this article applies to you, please feel free to contact Joanne or Ruth from our Family Team for a confidential discussion.