As of 10 June 2025, significant amendments to the 《澳洲家庭法》 have officially come into effect across Australia. Introduced by the Family Law Amendment Act 2024, these reforms establish a fairer, more transparent framework for handling property settlements following a separation or divorce.
Below are the six major changes, particularly relevant for individuals and families in Australia currently navigating or preparing for property settlement and family law matters.
1. Clearer and More Transparent Property Division Framework
The updated law outlines a structured process, courts must follow when resolving property disputes:
- Identify and value all assets and liabilities;
- Assess each party’s both financial and non-financial contributions before, during and after the relationship;
- Consider each party’s current and future circumstances (e.g. income, health, parenting responsibilities);
- Ensure the final outcomes is “just and equitable” in all aspects.
While designed for litigation, this framework is also recommended for private property settlement negotiations.
Read More: Property settlement in Australian family law system
2. Economic Impact of Family Violence Now a Consideration
For the first time, the law formally requires courts to consider the economic effect of family violence when making property and spousal maintenance decisions:
- Courts must evaluate how violence affected a party’s ability to make contributions
- Economic abuse (e.g., financial control, preventing employment) is explicitly recognized as family violence
- Ongoing needs related to trauma recovery must be considered
These updates provide crucial economic protection for victims of family violence.
Read More: Family Violence in the Context of Australian Family Law Regime
3. Companion Animals Can Now Be Determined by the Court
If separating parties cannot agree on pet ownership, courts now have authority to make binding decisions based on:
- Any history of animal abuse or threats
- Emotional bonds between the pet and parties (including children)
- Each party’s capacity to care for the pet
注意: Courts cannot order shared or alternating care arrangements for pets. Ownership will be awarded to one party only.
4. Financial Disclosure Obligations Now a Statutory Obligation
Previously governed by court rules, financial disclosure is now a statutory requirement under the Family Law Act. Parties must provide full and frank disclosure of all relevant financial information throughout proceedings.
Non-compliance may result in:
- Adverse court orders
- Financial penalties or cost orders
- Contempt of court proceedings
- stay or dismiss all or part of your case
the court taking the non-compliance into account in determining what orders (if any) to make in a property settlement.
5. Less Adversarial and More Trauma-Informed Court Processes
The new law encourages the courts to adopt less adversarial and more supportive approaches, especially in cases involving family violence. This approach aims to minimize re-traumatization and improve access to justice.
6. Application to Existing Matters and Additional Reforms
The new law applies to all matters that have not reached final hearing before 10 June 2025. This includes:
- Ongoing court proceedings
- Private property negotiations
- Pending divorce applications
Additional changes also include:
- Sole divorce applicants no longer required to attend court if uncontested (even with children)
- Couples married less than 2 years no longer need mandatory counselling before divorce
Spousal maintenance assessments must consider family violence impacts.
Read More:
Understanding Your Rights Under the New Laws
The 2025 Family Law amendments significantly improve the clarity, fairness and protection for all parties. If you are experiencing separation or need to address property, pet ownership, or maintenance matters, seeking professional legal advice is essential to protect your interests under the new framework.
联系我们 Brightstone’s Family Law Team
If you’re unsure how the changes may affect your separation, property settlement, or divorce, our experienced family lawyers at Brightstone Legal are here to help. We offer personalised legal advice, and we are proud to support members of the Chinese-Australian community with culturally sensitive and bilingual services.
Contact us today for a consultation.
FAQ | Frequently Asked Questions
Yes — if your matter has not reached final hearing before 10 June 2025, the new provisions apply.
While not mandatory, following the court’s framework is strongly recommended to ensure fairness and legal validity.
Behaviours like restricting access to finances, preventing employment, hiding assets, or controlling all financial decisions may constitute economic abuse.
No. The court will assign pets to one party only and cannot make shared care orders.
Maintain and provide all relevant financial documents including bank statements, superannuation records, asset documentation, and debt information. Seek legal advice if uncertain.
