Updated: 20 hours ago
The Family Law Amendment Act 2024, effective 10 June 2025, brings crucial changes to property settlements after separation.
These amendments focus on the impact of family violence, particularly economic abuse, and clarify how family pets should be handled in property settlements.
The new law also strengthens financial disclosure obligations and introduces a less adversarial approach in family violence cases. Here's what separating couples need to know about these upcoming changes.
In This Article:
Navigating Property Settlements After Separation
When a relationship ends, couples must address their financial and property matters, often through a property settlement. While many couples resolve these matters privately or through dispute resolution, those who can't reach an agreement may take their case to the family law courts. The court has broad powers to decide property distribution (such as the family home, superannuation, and shares) and liabilities (debts), aiming for a just and equitable outcome.
Key Changes Under The New Family Law Amendments
From 10 June 2025, several significant changes will affect how courts determine property settlements. These updates apply whether the settlement is decided in court or through out-of-court negotiations.
Impact Of Family Violence On Property Settlements
The new law mandates that courts consider the economic impact of family violence when deciding on property settlements. This includes situations of financial abuse, where one party controls all finances, as well as any physical or emotional violence that may have affected the other party's ability to contribute to the property pool.
Family Pets In Property Settlements
Courts will now consider both parties' (and their children's) attachment to family pets, as well as any abuse or threatening behaviour related to the animal (s). However, the court will not allow joint ownership or shared possession of pets.
Financial Disclosure Obligations
The duty to fully disclose all relevant financial information now falls directly under the Family Law Act 1975. Failing to meet this duty can lead to serious consequences, including cost orders or even contempt of court charges.
Less Adversarial Approach
In cases involving family violence, courts now have more discretion to adopt a less adversarial approach, helping ensure proceedings are conducted with sensitivity and care.
What Couples Need To Do
Couples negotiating their property settlement outside court should still follow the outlined process of identifying property and liabilities, assessing contributions, and considering each party’s future circumstances.
For couples already in court proceedings, the new changes will apply to any matter not yet at a final hearing. Seek legal advice to fully understand how these changes may affect ongoing cases.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current, and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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