House debates

Thursday, 18 February 2021

Constituency Statements

Family Court

10:45 am

Photo of Fiona MartinFiona Martin (Reid, Liberal Party) Share this | | Hansard source

Many constituents contact me about my committee work. With the tabling of the final report from the Joint Select Committee on Australia's Family Law System due very soon, it is appropriate to provide an update for residents of Reid. I've always felt it is an honour to be a member of this committee and to work alongside colleagues with the intent to improve a system that's long been broken. My membership of this committee has been shaped by my unique experience as a psychologist. I have worked closely with families going through separation and divorce.

There are many reasons why an individual or couple may choose to divorce; relationship breakdowns are incredibly complex. The complexities of divorce are worsened when the system that facilitates this process has its own unnecessary complexities. At best, the inefficiencies of the family law system can cause unnecessary costs and delays for a separating couple. At worst, these inefficiencies can put families at risk of serious harm. We know that, during a period of separation, there is an increased risk of experiencing family violence and abusive behaviour. Almost two in five women and one in three men who temporarily separated from a violent former partner experienced family violence during the separation.

One of the most protective measures currently in the system is the principle of no-fault divorce, established in the Family Law Act 1975. In Australia, the only ground for divorce required is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation. Prolonging the period of separation puts victims at further risk of abuse and harm. Reform of this system must mitigate the hostilities and risk of violence that can arise during a separation. Going forward, a key priority must be the safety and wellbeing of all family members going through the family law system. The Morrison government is already enacting a significant shake-up of the federal and family law courts in order to end unnecessary costs and delays that arise from a split federal/family law court system. It is legislation like the Federal Circuit and Family Court of Australia Bill 2019 that will achieve this, but much work still needs to be done to create a system that works quickly, inexpensively and efficiently for all.

I can assure constituents of Reid that my focus is shaping the reform to provide safe pathways for separating families, which will benefit all families and communities across this great country.