As discussed in our blog previously, The Family Proceedings (Dissolution or Marriage or Civil Union for Family Violence) Amendment Act 2024 came into force on Friday 17th October 2025. This now allows people with a final protection order against their spouse or partner to dissolve a marriage or civil union without enduring the current two-year period of living apart.
What does this mean for you?
Under the Family Proceedings Act 1980, the grounds for a divorce require the marriage to have broken down irreconcilably, demonstrated by living apart for two years immediately prior to the filing of the application for a divorce.
This new amendment now provides that a marriage or civil union may be dissolved on the ground that the applicant is a protected person under a final protection order (or registered foreign protection order) made against their spouse or partner. If this ground is met, the requirement of living apart for two years is removed.The purpose of this change is to reduce harm caused by family violence and provide an easier exit for survivors of family violence to leave their marriage.
A final protection order is a Family Court order that protects people from violence, threats, or contact from a partner, ex-partner, relative, or someone they live with. It typically starts as a temporary order and becomes final after three months if not challenged.
Those in family violence situations will now have the chance to move forward with their lives. If you have a final protection order in place due to physical, psychological, or emotional abuse, you may be eligible for application.
Godfreys is here to help.
Our relationship property team here at Godfreys are more than happy to help you with your separation, whether it be an application under the new law, or a dissolution under the standard track. Raajan, Kate and the rest of our team will help make sure you have your bases covered during your separation, and ensure your separation and division of assets and liabilities is as seamless as possible. Get in touch with us today – we’re here to help.
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