The Family Law Amendment Act 2024, passed by the Australian Parliament on 29 November 2024, introduces significant updates to the Family Law Act 1975—Australia’s primary legislation governing family law.
This article outlines the key reforms taking effect on 10 June 2025, and what they mean for individuals going through divorce or property settlements.
Key Changes Include:
- Recognition of Pets in property settlements
- A broader definition of family violence
- New factors for courts to consider when dividing property
- A formal duty of financial disclosure
- Removal of the two-year limitation on applying for divorce
These changes will apply to all existing and new court proceedings from 10 June 2025, except those already in a final hearing stage.
Pets in Property Settlements
Before the changes, animals were treated purely as property and assessed by their market value during property disputes.
Under the new amendments, courts will still consider animals as property, but with a more nuanced approach for “Pets”—defined as animals kept primarily for companionship (excluding assistance, business, agricultural, or laboratory animals).
The Act now sets out specific factors courts must weigh when deciding on the ownership of Pets in both marriage and de facto relationship proceedings. This shift acknowledges the emotional significance of pets in family life.
Expanded Definition of Family Violence
The core definition of family violence remains, but from 10 June 2025, the Act will expand the concepts of economic and financial abuse under section 4AB(2A) to include:
- Controlling or restricting a partner’s access to money or assets (e.g., superannuation)
- Sabotaging employment or income opportunities
- Forcing a person into financial or legal liabilities or debt
- Coercing a partner regarding dowry (giving, seeking, or hiding assets related to it)
For the first time, the impact of family violence can also be considered in spousal maintenance claims and when determining property settlements—especially where violence affected one party’s financial or caregiving contributions.
New Factors in Property Settlements
The courts already consider several factors when dividing property, but the Act introduces new elements, including:
- Family violence: Its impact on the other party’s current and future circumstances
- Wastage: Reckless or intentional misuse of assets (e.g., gambling, excessive spending)
- Liabilities: Nature and context of debts and financial obligations
- Childcare responsibilities: Including the need for suitable housing for children under 18
Crucially, courts will still only make property orders when it is just and equitable to do so.
Greater Disclosure Obligations
From the outset of any property settlement proceeding, all parties (married or de facto) are required to provide full and frank financial disclosure until the matter is finalised.
Legal professionals and family dispute resolution practitioners must also inform separating parties about:
- Their duty to disclose
- The potential consequences of non-compliance
- Steps to meet their disclosure obligations
Removal of the Two-Year Divorce Restriction
Previously, couples married for less than two years could only apply for divorce with court permission or by filing a certificate confirming they had considered reconciliation with a family counsellor.
As of 10 June 2025, this two-year restriction is removed. However, the 12-month separation period before applying for divorce remains in place. Parties no longer need to meet with a counsellor beforehand.
These reforms aim to make family law more equitable, realistic, and compassionate. Whether it’s recognising the emotional value of pets, addressing the impact of abuse more holistically, or removing unnecessary barriers to divorce, the changes reflect a shift toward better supporting families through separation and legal processes.
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