If you’re going through a separation, divorce, or property dispute, the changes to the Family Law Act that come into effect from June 2025 could impact your situation. These family law amendments aim to streamline processes, clarify responsibilities, and better address the real-world complexities faced by families in Australia. Here’s what you need to know and how it might affect your next steps.
Recognition of Financial Abuse in Property Matters
The Family Law Act now formally recognises financial or economic abuse as a form of family violence. This means if you were denied financial autonomy, subjected to dowry abuse, or experienced unreasonable financial control, the court can consider this as part of your case.
Additionally, family violence can now impact how the court assesses each person’s contributions to the relationship. If violence limited your ability to work, care for children, or otherwise contribute to the family, this can be factored into the outcome of your property settlement.
Key takeaway: If you’ve experienced financial control or coercion, this can now directly influence how property is divided.
A Clearer Property Settlement Framework
The new laws simplify and codify the process courts follow when dividing property. The steps include:
- Identifying what each person owns and owes.
- Assessing contributions (financial and non-financial).
- Considering each person’s future needs.
- Making adjustments where it would be fair to do so.
You no longer need to know case law to understand how the property will be split. Importantly, courts must be satisfied that making an order is “just and equitable”—they won’t make one by default.
Key takeaway: Property decisions are now easier to understand, with fairness and context guiding each step.
Companion Animals: A New Legal Category
Your pets are no longer treated like furniture. If you share a companion animal (like a dog or cat), the court can now make separate orders about who keeps the pet. They’ll look at factors like who can best care for the animal and whether there’s a history of abuse.
Shared custody of pets won’t be an option, but the court can decide ownership or approve an agreement between both parties.
Key takeaway: You can now raise your pet’s welfare as a separate issue in your property settlement.
Less Adversarial Proceedings
The new laws give courts more power to reduce the stress and conflict often associated with family law proceedings. Remote attendance may be allowed when there are safety concerns, and the rules of evidence can be relaxed in certain matters. This approach now extends beyond parenting cases to include financial and property disputes—if both parties agree or the court deems it appropriate.
Key takeaway: Your case might be handled in a more supportive and less confrontational way, especially if there’s family violence involved.
New Disclosure Duties and Consequences
If you’re involved in property or financial proceedings, you’re now legally required to disclose all relevant financial information from the beginning to the end of your case. Non-compliance can lead to fines, imprisonment, or costs orders against you.
Legal professionals must inform you of this obligation and the consequences of failing to comply.
Key takeaway: Full financial transparency is now a legal requirement—not just a rule of the court.
Divorce Just Got Simpler
Before these changes, if you were married for less than two years, you had to see a counsellor or get court permission to divorce. That step is now gone. All couples—no matter how long they’ve been married—follow the same 12-month separation rule before they can apply for divorce.
Also, if you’re filing a sole divorce application, you might not have to go to court even if you have children under 18.
Key takeaway: The divorce process is now more straightforward, with fewer hurdles based on the length of your marriage.
Changes to Parenting Disputes and Family Dispute Resolution
If you’re applying for parenting orders, you’ll still need a certificate from a dispute resolution practitioner unless you meet certain exemptions—like family violence or urgency. Courts can now refuse your application entirely if the required certificate or exemption isn’t provided.
Key takeaway: You need to complete dispute resolution—or qualify for an exemption—before filing a parenting case.
Protections for Sensitive Information
If you’ve seen a counsellor or support worker for family or sexual violence, new laws allow the court to protect those communications. This helps prevent unnecessary emotional harm by keeping sensitive personal details out of court records where possible.
Key takeaway: You can request the court to keep certain support-related records private if revealing them would cause harm.
Family Law Amendments
Whether you’re preparing for a divorce, dividing assets, or facing a parenting dispute, these changes give you more protection, clearer steps, and a greater chance of being heard fairly. Understanding your rights—and your obligations—can make all the difference in navigating your family law matter.
If you’re unsure how the updates affect your situation, consider seeking advice from a family law professional who can guide you through the new framework.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
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