Australia’s family law landscape is set for major changes, with the Family Law Amendment Act 2024 taking effect on 10 June 2025.
Here’s a breakdown of some of what is changing and why it matters.
1. Family Violence Will Be a Legislated Consideration
One of the more notable changes is now the explicit requirement for the Courts to consider family violence—including economic and financial abuse—when dividing property and determining spousal maintenance.
The core changes are:
- Consideration must be had of the financial and economic consequences of family violence including the impact that it has on the ability for a party to contribute;
- The definitions of economic abuse have been expanded under section 4AB;
- If established, financial abuse and coercive control related to debts will be considered when determining liability for debts; and
- Economic hardship or disadvantage due to family violence may result in a party receiving a greater share of the asset pool.
2. Clearer Guidelines for Property Settlements
The reforms codify some of the process providing a more structured approach for how property is divided post-separation.
Prior to the amendments the Court’s relied on a combination of case law and legislation, making property settlements sometimes complex and unpredictable. It is hoped that these reforms mean parties can expect greater consistency and transparency in how settlements are calculated.
Under the new reforms the steps for determining a property settlement are:
- Identification of the property, including liabilities, assets and financial resources;
- Assessment of contributions of the parties, including both financial and non-financial contributions;
- Consideration of the current and future circumstances and needs of the parties, including aspects like housing, care responsibilities and economic situations; and
- Ensuring that the settlement is just and equitable
These changes also introduce clearer expectations around the handling of assets, including debt and asset wastage, where reckless financial behaviour impact the asset division, if it can be proven to have significantly impacted the financial position of the other party.
3. Pets to Be Considered in Property Disputes
In an acknowledgment of how integral pets are to family life, the new laws empower courts to make specific orders about pets in property settlements.
This ensures pets are not treated as mere possessions but with consideration of their well-being and emotional significance. These changes see pets being considered as a separate category of property.
Parties will be asked to identify who has been responsible for the care of pet as well as considerations will be had for the emotional bond between a pet and children in determining the ownership of a Pet.
4. Stronger Financial Disclosure Obligations
Parties will now face enhanced obligations to disclose their financial circumstances fully and honestly.
The amendments see disclosure requirements being explicitly include in the Family Law Act, rather than simply in the Rules. This move aims to deter asset hiding or manipulation and ensure a level playing field when it comes to property division and financial agreements.
These changes include mandatory early disclosure, the scope of disclosure being further expanded and greater accountability for failing to attend to disclosure requirements.
5. Expanded Arbitration and Less Adversarial Approaches
The Less Adversarial Approach (LAT) and the use of arbitration has also been introduced under the amendments, to expand and continue to promote the Court’s preference for alternative dispute resolution.
These changes seek to reduce the stress, costs and time associated with the Court process, with a goal to encourage faster and more cooperative resolutions. These changes also bring greater flexibility to property and financial proceedings, allowing greater discretion to the management of cases.
6. Prioritising of Children’s Housing Needs
The amendments also now explicitly include consideration of children’s housing needs in property settlements.
Sections 75(2)(c) and 79(4)(f) when amended in June 2025, requires that the court consider the need for either party to provide appropriate housing for a child under the age of 18 as part of the factors to be considered.
What This Means for You
Whether you are currently navigating separation, thinking about your financial future, or concerned about how new laws might impact your children or property, these reforms are likely to affect you.
Understanding your rights – and obligations – under the new legislation is essential.
Contact O’Neill Family Law – We’re Here to Help
At O’Neill Family Law we’re prepared for the changes and are ready to guide you through them.
Our experienced team can provide clear, compassionate advice tailored to your unique circumstances — whether you’re planning ahead or already involved in family law proceedings.
Call us today on (07) 4690 1700 or contact us through our website for legal advice.
