A proposal to double the time married couples need to be separated before they can get a divorce could put barriers in the way of people fleeing abusive partners, says a family violence advocate.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
In a submission to a federal inquiry into family violence conservative lobby group the Australian Family Association have suggested doubling the amount of time spouses must spend apart before being allowed to get a divorce.
The association suggested that the current one-year period is too short compared to other western countries and an increased period would result in less people getting a divorce.
In their submission the AFA also suggested shared custody should be the starting point in all family violence matters, reconciliation counselling should be mandatory for couples seeking a divorce when a child is involved and that no-fault divorces should be ended.
The AFA reform plan
- Remove the idea of no-fault divorce - giving courts the ability to award damages
- Make reconciliation counselling mandatory for couples seeking a divorce when a child is involved
- Make support services readily available to all parties involved in a divorce
- Strictly enforce shared custody
- Double the length of time couples must be separated before they can get a divorce
Ending no fault divorces would allow courts to award damages should either party "break the marriage contract".
Engender Equality chief executive officer Alina Thomas said the proposal could cause people to be stuck in abusive relationships.
"We need to think about people in abusive relationships when we are looking at changing laws or developing policies around divorce, really recognising how difficult it can be to leave an abusive relationship with or without divorce laws having an impact on that," she said.
"If somebody is wanting a relationship to end, and if somebody is needing a relationship to end to improve their safety, then being able to leave easily without stigma, without there being financial hindrances that is what we want to be supporting.
"It worries me that there is suggestion of putting greater barriers to people leaving relationships instead of making relationships easier to leave."
IN OTHER NEWS:
- Man fined for 'monstrously high' breathalyser reading
- Illegal rubbish dumping a constant nuisance for landowners
- Nurse at prisoner psych hospital whacked after Facebook posts
- 'Is that promoting the culture?' council called on to 'champion' river fix
- 'Change the date' calls mount for Australia Day to be moved
The AFA submission clearly outlines that the rules would not apply to situations of family violence but Ms Thomas said the burden of proving family violence would be another barrier for victims.
"When people are living in abusive relationships often it is not really apparent," she said.
"Abuse isn't always obvious and one of the impacts of abuse is that as a victim survivor you are made to question your point of view, question your value, question your self esteem."
Tasmanian family law practitioner Trevor McKenna, whose practice handles the most family law cases in the state, said in his experience people did not approach getting a divorce flippantly. He said there were already protections in place to ensure people were not getting divorced too early.
"If you've been married less than two years and you want to apply for a divorce you have got to do one of two things - attend counselling with a family counsellor to discuss the possibility of reconciliation with the spouse or you've got to seek the court's permission to apply for a divorce," Mr McKenna said.
Mr McKenna said he had not heard of an appetite to revisit the circumstances upon which somebody can obtain a divorce. "I haven't heard and I don't perceive that there is an appetite or a need for change," he said.
Tasmanian Liberal senator Claire Chandler said given the Joint Standing Committee was due to report in February it would be inappropriate to comment on what recommendations it might make.
- If you or someone you know is affected by issues raised in this article support is available at 1800 RESPECT 1800 737 732, the Women's Crisis Line 1800 811 811 and the Men's Referral Service 1300 766 491.
What do you think? Send us a letter to the editor: