Big changes to Australia’s Family Law Act: what you need to know
On 10 June 2025, significant changes to Australia’s family law system came into effect. These changes, brought in by the Family Law Amendment Act 2024 (Cth), affect how courts handle property settlements, spousal maintenance, pet ownership, family violence, and much more.
In this blog, we break down the major reforms in a straightforward way so you can understand what’s changing, why it matters, and how it could affect families navigating the family law system.
It is important to note at this stage that whilst these changes have now been implemented, it is yet to be seen how the Court may interpret and implement the changes. This will be an area to watch closely.
What’s changed and why it matters
The amendments aim to make family law clearer, safer, and fairer. They:
- Clarify how property is divided
- Recognise family violence in property matters
- Allow courts to make orders about pets
- Improve processes around parenting and dispute resolution
- Strengthen protections for sensitive information
- Make court processes less adversarial and more user-friendly
Whether you’re going through separation, supporting someone who is, or working in the sector, understanding these changes is essential.
Codifying the Four-Step Process
Previously, the approach for dividing assets after separation came from case law, which is a body of law derived from judicial decisions. From June 2025, this process is now written into legislation passed by parliament.
Here’s how the legislation states the courts will assess property division:
- Identify Property & Liabilities
The court starts by identifying each party’s legal and equitable interests – what they own and what they owe. This includes real estate, cars, investments, superannuation, mortgages, car loans and the like. - Assess Contributions
The Court will then assess what each party contributed to the relationship before, during and after the relationship. This includes both financial and non-financial contributions. The court will assign a percentage to each party based on each person’s contributions over time. - Adjust for Current & Future Needs
The court then considers whether one party has greater future needs. For example, due to health issues, age, lower earning capacity, or parental responsibilities. - Make Just & Equitable Orders
Finally, the court decides how to divide the property to reach a fair outcome.
The “just and equitable” principle is key. The court won’t make an order unless it believes it’s fair to do so.
Pets in Property Settlements
Until now, the law treated pets like furniture. However, for many people, animals are family. The new laws acknowledge this by creating a separate category for companion animals, defined as pets kept primarily for companionship.
Courts can now make specific orders about companion animals, including:
- Awarding sole ownership
- Transferring ownership
- Ordering a sale
However, shared ownership of pets will not be ordered by the Court.
Courts must consider factors like who has cared for the animal, any history of abuse, and attachment between the pet and either party or a child.
Family Violence Recognised In Property Matters
The new laws formally allow the Court to consider the economic effect of any family violence that a party was subjected to or exposed to, on their current and future circumstances.
This is important because family violence can severely affect someone’s ability to contribute during a relationship (financially or otherwise) and can also impact their future needs.
Courts can now also factor in the economic effects of family violence when determining spousal maintenance. For example, if violence prevented someone from working or caused them to leave the family home, that impact can now be recognised in determining a spousal maintenance application.
A New Approach to Hearings
The courts now have clearer powers to manage cases using a less adversarial approach, especially where family violence is involved. This may include:
- Allowing evidence of the occurrence and effect of family violence which may not otherwise have been allowed due to evidence rules; and
- Allowing remote attendance in matters that have family violence allegations
This approach already applied in parenting matters (under Part VII of the Act) and now may also apply to financial cases, either at the court’s discretion or with the parties’ consent.
Stronger Duty to Disclose Financial Information: Now a Legal Obligation
Previously, the duty to disclose financial documents was a court rule. It is now law and is included in the legislation.
If you’re involved in a financial or property dispute, you must provide the other party and the court with full and frank disclosure of your finances. This obligation starts from the beginning of proceedings and continues until the matter is resolved.
The legislation creates a new obligation on lawyers and dispute resolution practitioners to make parties aware of their obligation to disclose and to specifically inform them about the consequences of failing to comply (which can include fines, cost orders, or even imprisonment).
Children’s Contact Services Now Regulated
The law now allows for the Australian Government to establish national accreditation rules to govern Children’s Contact Services (CCS). Once in place, only accredited services can be used and penalties will apply to providers that don’t comply.
There are also new protections around safety – for example, preventing disclosure of travel arrangements that could place someone at risk (this includes information such as the public transport a family member may take to and from a session).
Divorce Process Simplified
Couples married for less than two years no longer need court permission or mandatory counselling before applying for divorce.
All couples, regardless of how long they’ve been married, are now subject to the same requirement: a 12-month separation before applying.
Further, the requirement to attend court in person has been eased – even for sole applicants with children under 18, who were previously required to attend a hearing.
Parenting Applications & Dispute Resolution
Before making a parenting application, parties must usually attempt family dispute resolution (FDR) and file a certificate confirming that:
- They attended FDR
- One party refused
- FDR was deemed inappropriate (e.g., due to violence)
Without this certificate (or an exemption), the court can now refuse to file the application.
Exemptions include situations involving urgency, family violence, or serious risk to a child.
New Powers for Commonwealth Information Orders
The Family Law Act provides powers for a court to make Commonwealth information orders which require commonwealth departments to provide information concerning the location of a missing child.
The amendments clarify that the Courts can now access critical information from government departments and agencies, even if it doesn’t relate directly to a child’s location, such as:
- Reports of violence against a child or family member
- Risk-related information about broader family connections (such as siblings, grandparents, uncles, aunts, nieces and nephews, cousins, step-relative, foster relatives and any other person the court deems relevant and who has a connection to the child).
This makes it easier for the Court to access information about risk or actual violence to a child, even where the child’s location is unknown.
Confidential Records Can Now Be Protected
Sensitive records from psychologists, doctors, or family violence support services may now be classified as protected confidences.
The court can restrict or prevent access to these documents if disclosure would likely cause:
- Emotional or mental distress
- Harm to a child or a caregiver
- Risk to someone’s ability to parent
The court must weigh the potential harm against the importance of the evidence.
Clarified Rules Around Costs
The changes also simplify how courts handle legal costs. This includes:
- Clearer guidance on when costs can be awarded
- Rules about parties who received legal aid or assistance
- Cost liability for Independent Children’s Lawyers (ICLs) in certain cases
Other Notable Changes
- Arbitration rules are now consolidated and simplified.
- State courts have clarified powers to make parenting orders under federal law.
- Superannuation valuation rules are being reviewed and modernised.
- Outdated separation declaration rules for superannuation splits have been removed.
When Do These Changes Apply?
Most of the major changes (including those about property, family violence, and confidential records) apply from 10 June 2025.
Importantly, if your case started before 10 June 2025 and hasn’t reached a final hearing, the new laws still apply.
If you’re navigating a separation or working in the legal or support space, now is the time to get familiar with these changes and seek advice if needed.
Need help?
If you have questions about how these changes might affect your family law matter, our experienced team is here to help.
Contact us today to arrange a confidential discussion and get advice tailored to your situation.