As of 10 June 2025, significant changes to family law will come into effect and apply to all Australian States and Territories. These changes, primarily targeting property and financial matters, aim to provide clearer guidance, enhance fairness, and better address the complexities of modern relationships, particularly concerning family violence.
Whether you’re navigating a separation or simply seeking to understand the evolving legal landscape, it’s crucial to be aware of these impactful updates. Here’s what you need to know.
Key Changes to Family Law
1. Streamlined Approach in Property Settlements
The four-step process previously followed from case law will be codified and applied when determining property settlements.
When assessing the contributions of the parties, consideration may be given to family violence. One of the most notable shifts is the increased emphasis on how family violence, including economic and financial abuse, impacts property settlements and spousal maintenance. While courts have previously considered the effects of family violence, the amendments explicitly codify this, ensuring that economic repercussions are a central consideration.
This means that if one party has suffered financially due to coercive control, sabotage of employment, or being forced into debt by their former partner, these factors will be considered in property and maintenance proceedings.
Additionally, future needs (factors) have been amended to include family violence, wastage, liabilities, and housing needs.
2. Less Adversarial Approach in Property and Financial Matters – Family Violence
Stronger measures are being introduced to protect victims of family violence. This includes faster intervention processes and increased support services for those at risk. The Court will have the discretion to use the less adversarial approach in matters involving family violence, to enhance the Court’s ability to direct proceedings and manage evidence in such matters.
3. Updated Spousal Maintenance Guidelines
The criteria for determining spousal maintenance will be revised to include family violence in the list of factors that the court can consider when assessing spousal maintenance applications. The Court may also consider the economic effect of family violence.
4. Companion Animals and Pets
The amendments redefine Pets as Companion Animals, rather than property. The new framework will enable the Court to determine ownership of the family pet in property settlement matters. The Court will be able to allocate ownership to one party in property settlement matters. In determining who should take ownership, consideration will be given to when the Pet was acquires, care arrangements during the party’s relationship, contributions made by each of the parties towards the pet both financial and non-financial along the party’s ability to care for and attend to the needs of the Pet.
Courts can also consider violence or abuse towards the pet, including threatening behaviour as a form of family violence and the attachment of each party, or children of the relationship to the pet.
5. Elevated Duty of Disclosure
From 10 June 2025, the duty of disclosure is in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules.
There is a new obligation on legal practitioners and family dispute resolution practitioners to make parties aware of their duty of disclosure and encourage compliance. Practitioners have an obligation to inform clients of their duty of disclosure and the consequences of non-compliance with their duty which may include:
- punishment for contempt of court with a fine or imprisonment
- costs orders against a party
- the court taking the non-compliance into account in determining what orders (if any) to make in a property settlement.
How These Changes May Affect You
The changes apply to all new and existing proceedings, except where a final hearing has commenced. This means the new law applies to all matters (unless a final hearing has commenced), even if an application was filed before 10 June 2025.
If you’re currently involved in family law matters or considering legal action, these changes could impact the approach and outcome of your case. It’s essential to understand how the new laws apply to your specific situation.
How Bell Lawyers Can Help
We stay up to date with legislative changes to provide accurate, informed advice. Our experienced family law team can guide you through these amendments, ensuring your rights are protected and your interests are well represented.
Whether you need assistance with parenting plans, property settlements, or protective measures, we’re here to help.
Contact us today to book a complimentary first consultation and / or discuss how these upcoming changes might affect you. Call (02) 4734 9333 or send an enquiry via our website at https://bell-lawyers.com.au/contact/.
