On 10 June 2025, several important reforms to Australia’s family law framework came into force under the Family Law Amendment Act 2024 (cth). These changes represent some of the most significant adjustments to property settlement and related family law processes in decades and are designed to make outcomes fairer and more transparent for separating couples.
1. Property Settlements: A New Legislative Framework
Under the updated Family Law Act, the way courts assess property settlements has been codified into statute rather than relying on decades of case law. This means that the law now sets out clearly the factors judges must consider when dividing assets after separation. surgelegal.com.au
A key part of this reform is that history of family violence — including economic and financial abuse — must now be taken into account when determining property settlements. Courts will consider how controlling behaviour or financial restrictions affected a party’s ability to contribute to the relationship.
2. Expanded Definition of Family Violence
The definition of family violence under the Family Law Act has been broadened to explicitly include financial and economic abuse, such as controlling access to money or coercing someone into debt. This means the effects of such behaviour are now recognised as part of the court’s assessment of contributions and future needs.
3. Family Pets Recognised in Property Orders
One change that has drawn public interest is that the law now refers to “companion animals” and gives courts power to make orders about them in property proceedings. Pets are no longer treated simply as generic property — the emotional bond and circumstances around care and attachment can be considered.
4. Duty of Full and Frank Financial Disclosure
The reform has elevated the obligation for parties to provide full and frank financial disclosure in both married and de facto property matters. This duty is now expressly codified in the Family Law Act, giving courts clearer authority to enforce compliance and deal with non-disclosure.
5. Other Practical Changes Affecting Family Law Matters
Some family law practices have also been simplified or modernised:
- Divorce processes — in certain situations, sole applicants no longer need to attend court if the other party does not object, streamlining simple divorces. McNamara Law
- Maintenance decisions — family violence history may now be considered when assessing spousal maintenance, helping courts understand the impact of abuse on ongoing financial needs.
What This Means for Separating Couples
These reforms aim to:
- Improve fairness by recognising the real-world impacts of family violence and economic abuse on financial outcomes.
- Increase transparency and certainty by placing key property settlement factors into the statute.
- Modernise family law to reflect contemporary relationships, including how pets and financial contributions are treated.
If you are navigating separation or property settlement now or in the future, it’s important to understand how these changes might apply to your circumstances — especially if there has been family violence, economic abuse, or complex financial arrangements.
Final Thought
Family law reform is designed to create a more just and equitable system for all parties involved in the difficult experience of separation. Whether you’re preparing for negotiations, considering court, or simply planning your future, staying up-to-date with these changes can help you make informed decisions about your legal rights and options.
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