Major Changes to Family Law: What the Family Law Amendment Act 2024 Means for You
Family Law: 09 October 2025
Author: Krystel Ong - Our People
On 10 June 2025 some of the most significant changes to family law in decades came into effect with the commencement of the Family Law Amendment Act 2024 (Cth). These reforms reshape how the courts, and family lawyers, deal with property, financial and divorce matters and they place a greater focus on family violence, financial abuse and the welfare of children and even pets.
Below, our experienced family lawyers in Melbourne and Brisbane break down the key changes and what they mean for separating couples and families navigating the family law system.
Codifying the Property Settlement Framework
For many years, judges deciding property matters followed a “four-step approach” based on case law. That approach is now written directly into the Family Law Act, providing guidance for couples and family lawyers. The steps are:
- Identify the property pool – All assets and debts of both parties are included, whether in joint or sole names and whether in Australia or overseas.
- Assess contributions – The court weighs financial contributions, non-financial contributions and contributions as homemaker or parent, both during and after the relationship.
- Consider the parties’ current and future circumstances – The court looks at factors such as income-earning capacity, health, age, who is caring for children and now also the impact of family violence, wastage of assets and the housing needs of children.
- Just and equitable outcome – Finally, the court considers whether the proposed division is fair overall.
By putting these steps into legislation, Parliament has made the process clearer and more consistent, especially for people representing themselves or seeking guidance from a family lawyer.
Recognising Family Violence and Economic Abuse
One of the most important reforms is the recognition of economic abuse as a form of family violence. This includes conduct such as:
- Preventing a partner from accessing money or bank accounts
- Controlling their ability to work or study
- Incurring debts in their name without consent
- Dowry abuse in cultural contexts
The Act requires courts, and family lawyers, to take family violence into account not only when deciding parenting arrangements (as has long been the case) but also in property settlements and spousal maintenance. This ensures that a person’s reduced financial independence or career opportunities due to violence are properly recognised in the outcome.
Pets as More Than Property
Until now, pets were treated simply as property, like furniture or a car. The amendments create a new category for companion animals, with courts able to consider:
- Whether either party has harmed or threatened the animal
- The relationship between the animal and children
- Each party’s ability to care for the pet
Orders can include transfer of ownership or even sale of the animal, but not “shared custody.” This change reflects the reality that pets often play an important role in family life and children’s wellbeing.
Stronger Duty of Financial Disclosure
The duty to provide full and frank financial disclosure has long existed in the court rules, but it is now a statutory duty under the Family Law Act itself. This means the requirement is clearer, stronger and directly enforceable under the legislation.
Parties must be transparent about income, assets, debts, superannuation and financial resources. This is especially important for self-representing litigants, as incorrect financial disclosure could affect the outcome of your case. It’s advisable to discuss this requirement with a family lawyer to ensure proper compliance.
Less Adversarial Trials for Property Matters
The “Less Adversarial Trial” model, already used in parenting cases, has now been extended to property and financial disputes. This allows judges to take a more flexible and inquisitorial role, reducing technical disputes and minimising the trauma of traditional adversarial hearings.
This is especially important in cases involving family violence, where the court can adopt procedures that are safer and less confrontational.
Other Key Reforms
The amendments also bring in a range of other significant change which are summarised below.
Arbitration powers are expanded: courts can more easily refer property matters to arbitration, offering a faster and more private way to resolve disputes.
Orders binding on estates: new provisions allow property orders to be made or enforced against a deceased party’s estate.
Protection of sensitive information: stronger safeguards apply to confidential medical and counselling records.
Children’s Contact Services: new accreditation requirements and penalties aim to ensure safety and quality in supervised visits.
Divorce reforms:
- The requirement for counselling in marriages of less than two years has been repealed.
- Sole applicants for divorce no longer need to appear in court just because children are involved, unless the application is contested.
- Costs provisions: simplified and consolidated rules about when a party may be ordered to pay the other’s legal costs.
Practice and Procedural Updates
To support the new laws, the Family Law Rules and Practice Directions have been updated. These changes affect pre-action procedures, terminology, disclosure requirements, urgent applications and even how pet-related orders can be sought. Family lawyers and self-represented litigants will need to carefully follow the updated procedures.
When Do the Changes Apply?
The Family Law Act Amendment 2024 reforms apply to all new and ongoing cases from 10 June 2025, unless a final hearing had already commenced before that date. Importantly, they do not affect property orders that have already been finalised.
What Does This Mean for You?
If you are separating or already involved in family law proceedings, these reforms could change how your matter is decided. The courts will now take a broader view of fairness, especially where family violence or economic abuse is involved. Pets will be treated with greater consideration and financial transparency will be enforced more strongly.
For many people, these changes mean clearer rules, more protection and outcomes that better reflect the realities of family life.
Whether you're seeking advice about a property settlement, parenting arrangements, or divorce proceedings, it’s crucial to get legal guidance tailored to your situation. Speaking to our experienced family lawyers in Melbourne and Brisbane can help you understand your rights and navigate these changes effectively.
Family law (property) changes from 10 June 2025 - Factsheet