Family Law changes from June 2025

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The Family Law Amendment Act 2024 (the Amendment Act) was passed by Parliament on 10 December 2024 and will come into effect for all Family Law matters on 10 June 2025. 

In this article, we will examine 6 key changes to the Act and discuss their potential impact on your family law matter. 

Definition of Family Violence 

The Amendment Act clarifies that economic or financial abuse is recognised as family violence. Key changes include – 

• Expanding the example of unreasonably denying financial autonomy 
• Adding new examples such as dowry abuse, controlling a family member’s financial assets and liabilities, unreasonably withholding financial support, and sabotaging their employment or income.

New Considerations in Property Proceedings

1. Contributions

The Amendment Act adds family violence to the factors the Court considers when assessing contributions. The Court will evaluate how family violence, inflicted by one party of the other, affects the ability to make financial or non-financial contributions or contribute to the welfare of the family.

2. Contributions and Future Circumstances

The Amendment Act introduces a new list of factors for the Court to consider when assessing the current and future circumstances of the parties. These factors, which build upon previous considerations, include:

• Family violence: The Court can now consider the economic impact of family violence on a party’s current and future circumstances, providing a broader view than previously offered in case law.
• Wastage: If a party intentionally or recklessly caused material wastage of property or financial resources, the Court can factor this into its assessment of the parties’ current and future situations.
• Liabilities: The Court can assess the nature, circumstances, and impact of any liabilities incurred by the parties on their financial future.
• Housing needs: This expands an existing factor to allow the Court to consider the need for either party to provide appropriate housing for a child under 18.

3. Companion Animals

The Amendment Act introduces a framework for handling family pets, considered property under the Family Law Act, in property cases. Key provisions include:

• The Court can make interim and final orders regarding companion animals, including orders by consent.
• The Court can order sole ownership of a companion animal for one party, that the pet be transferred to another person with consent or sold.
• The Court cannot make orders for shared ownership or shared care of a companion animal.
• The Amendment Act defines a companion animal as an animal primarily kept for companionship, excluding assistance animals, animals used for business or agricultural purposes, and animals used in laboratory tests or experiments. If an animal serves multiple purposes (e.g., a sheepdog used for both companionship and herding), it is not considered a companion animal.

For animals that are not companion animals, they are treated as any other property interest. The Family Law Act also establishes factors the Court must consider when making orders related to a companion animal, including:

• Any history of actual or threatened abuse toward the companion animal.
• The attachment of a party or child to the companion animal.
• The ability of each party to care for the companion animal in the future.

The Court has broad discretion to assess and weigh these factors when making decisions.

The changes at point 1 to 3 apply to all new and existing proceedings, except where a final hearing has already begun. This means the new law will apply to all matters, even if an application was filed before June 10, 2025, as long as the final hearing hasn’t started.

4. Duty of Disclosure in Property and Financial Matters

The Amendment Act elevates the duty of disclosure in financial or property matters from Court rules to the Family Law Act. Separated couples are now required to provide all relevant financial information and documents to each other and the court. This duty begins when preparing to start or during property or financial proceedings and continues until the matter is resolved.

The Act also creates a new obligation for legal practitioners and family dispute resolution practitioners to inform parties about their duty of disclosure and encourage compliance by explaining:

• The duty itself.
• The potential consequences of non-compliance.

The consequences for failing to comply with the duty of disclosure are significant and can include:

• Punishment for contempt of Court, such as fines or imprisonment
• Costs orders against the non-compliant party
• The Court considering the non-compliance when making property settlement orders.

These changes only apply to proceedings instituted from 10 June 2025

5. Limitation on Application for Divorce

The Amendment Act removes the previous requirement for couples married less than two years to file a certificate stating they had considered reconciliation with professional assistance or seek court leave to apply for a divorce.

6. Attendance at Divorce Proceedings

The Amendment Act now ensures that divorcing parties have the same court attendance requirements, regardless of whether they file solely or jointly, or whether there are children from the marriage. The Court can now hear sole divorce applications without the need for Court attendance, even if there are children under 18 years old. This change aligns with the existing provisions for joint applicants and sole applicants where there are no children.

The changes at point 5 and 6, apply to all proceedings instituted from and those that have not finalised by 10 June 2025. 

If you’re navigating a property dispute or parenting arrangements following a separation, our family lawyers offer extensive expertise and experience in all areas of parenting and property disputes.