Effective 10 June 2025, significant reforms to Australia’s Family Law Act 1975 will come into effect, following the passage of the Family Law Amendment Act 2024. These changes aim to enhance fairness, safety, and clarity in resolving family law matters, particularly concerning property settlements and maintenance arrangements.
Some of the most significant changes are as follows:
- Family Violence Considerations: Courts are now required to consider the impact of what is referred to as family violence, including economic or financial abuse by one spouse to another when determining property settlements and spousal maintenance. This includes assessing how such abuse may have affected a party’s ability to contribute financially and non- financially to the acquisition, conservation and maintenance of the marriage or relationship assets during the relationship and also their future circumstances such as a party’s ability to participate in employment.
- Recognition of Economic Abuse: The definition of family violence has been expanded to explicitly include economic or financial abuse, with examples such as dowry abuse, controlling a partner’s financial resources, and sabotaging their employment or income or income earning capacity.
- Settlement Framework: The Act introduces clearer guidelines for courts in determining property divisions, considering factors such as the wastage of assets of the relationship or marriage by a party, the liabilities of the relationship or marriage and the circumstances of how they were created, as well as future housing needs of the parties and children.
- Companion Animals: Pets are now recognized under the Family Law Act, allowing courts to make orders regarding their ownership in property settlement matters. Companion animals, such as pets, will be recognised as more than just property, The changes will allow for a court to consider the circumstances surrounding the animal’s acquisition, ownership, care, and any emotional attachments that a party has to the animal when determining how to divide property in a separation. The definition of a “companion animal” excludes assistance animals, those kept for business or agriculture, or those used in laboratory tests.
- Less Adversarial Approach: Courts are encouraged to adopt less adversarial procedures in property and financial proceedings, especially in cases involving family violence, in order to enhance safety and reduce conflict.
- Financial Disclosure Duties: The obligation for full and frank financial disclosure has been elevated from court rules into the Family Law Act itself, aiming to improve compliance and understanding among parties.
These reforms apply to all separating couples, whether married or in de facto relationships, and are applicable to new and existing proceedings, except where a final hearing has already commenced as at 10 June 2025. The changes represent a significant shift towards a more equitable and responsive family law system in Australia.
To find out how these changes may affect you – call one of our lawyers to discuss your situation on 08 8344 6422.