House debates

Monday, 22 March 2021

Constituency Statements

Family Law

10:45 am

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

Yesterday, the Morrison government released its report on the Australian Law Reform Commission review on the family law system. This follows the tabling of the final report of the Joint Select Committee on Australia's Family Law System. I feel it's an honour to be a member of this committee and to work alongside colleagues with the intent of improving the system that has long been broken. As a psychologist with approximately 20 years of experience, my contribution to this committee has been shaped by my experience of working with families, individuals and couples who are going through separation and divorce. There are many reasons why an individual or a couple may choose to divorce. Relationship breakdowns are incredibly complex. The complexities of divorce are worsened when the system that facilitates this process has unnecessary complexities. At best, the inefficiencies of the family law system can cause unnecessary costs and delays for a separating couple. At worst, the 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 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 the system must mitigate the hostilities and risk of violence that can arise during a period of 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 family law courts in order to end the unnecessary costs and delays that arise from a split federal Family Court system. It is legislation like the Federal Circuit and Family Court of Australia Bill that will achieve this, but much work still needs to be done to create a system that works as quickly, inexpensively and efficiency as possible. I can assure the constituents of Reid that my focus will be on shaping reform to provide safe pathways for separating families which will benefit all families and communities across Australia.