A Gentle Shift in Family Law: Understanding the New Guidance Around Finances, Pets, and Safety After Separation
Major Changes to Property Settlement Under the Family Law Amendment Act 2024
The Family Law Amendment Act 2024, passed by the Australian Parliament on 10 December 2024, brings significant reforms to property settlement laws, effective from 10 June 2025. These changes aim to enhance fairness, transparency, and safety in resolving financial matters following the breakdown of a relationship.
Key Changes Effective from 10 June 2025
Family Violence as a Relevant ConsiderationCourts are now required to consider the impact of family violence, including economic or financial abuse, when determining property settlements. This includes recognizing dowry abuse as a form of economic abuse.
Codification of Property Settlement FrameworkThe Act codifies the steps courts must follow in property settlements:
Identifying all property and liabilities.
Assessing each party’s contributions.
Considering each party’s current and future circumstances.
Ensuring that orders are just and equitable.
Treatment of Pets in Property SettlementsA new framework has been established for determining ownership of family pets, considering factors like the attachment of each party or children to the pet.
Elevated Duty of Financial DisclosureThe duty of financial disclosure has been elevated from court rules into the Family Law Act, reinforcing the obligation of parties to fully disclose financial information.
Less Adversarial Approach in Property MattersCourts now have the discretion to adopt a less adversarial approach in property and financial matters, particularly where family violence is a factor, to better manage proceedings and evidence.
Applicability of the Changes
These reforms apply to all separating couples, including married and de facto partners, whether their property settlement is determined by the courts or negotiated outside of court. The changes will apply to new and existing proceedings, except where a final hearing has already commenced.
For more detailed information, practitioners and individuals are encouraged to consult the Federal Circuit and Family Court of Australia's official update page: Family law (property) changes from 10 June 2025.
At Gaia Law, we’re committed to helping you close off your old chapter and get you ready for the new chapter that awaits you, especially during times of legal transition. If you're unsure how these changes might affect your current or future property settlement, reach out to our team for personalised advice.
If you're ready to explore what this could look like for your family, we’re here.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for legal advice tailored to your individual circumstances. Reading this article or contacting Gaia Law in response does not create a solicitor-client relationship. We recommend seeking independent legal advice before making any decisions regarding your parenting or family law arrangements.