Changes to Family Law Property Settlements from 10 June 2025
Significant changes to the Family Law Act 1975 came into effect on 10 June 2025, following the passage of the Family Law Amendment Act 2024 through Parliament in December 2024.
These changes affect how property settlements are now approached during and after the breakdown of relationships, both in Court and private negotiations.
If you’re separating or planning to finalise your property settlement, it’s important to understand how these changes now impact your legal position.
A Clearer Framework for Property Division
One of the most important updates is the clarification of how the Courts will decide on property settlements.
The Family Law Act now includes a more structured approach to assessing financial matters, helping parties, legal practitioners, and the Courts to better understand what must be considered.
This includes a focus on both parties’ current and future circumstances, rather than just their future “needs”.
For example, Courts will now more specifically look at whether a party has adequate housing, income, and/or the care of children when deciding how assets should be divided.
Family Violence Now a Key Consideration
For the first time, the impact of family violence — including economic and financial abuse — must be taken into account in property proceedings. This includes:
- Recognising the economic effect of family violence on a party’s ability to contribute financially or non-financially during the relationship.
- Outlining the definition of ‘economic and financial abuse’.
- Acknowledging specific conduct, such as dowry abuse, as a form of financial control.
Pets & Property Settlements
A more practical addition to the legislation is the new provision around ownership of family pets.
Courts now have the discretion to decide who will retain ownership of a pet as part of the property settlement by providing a new framework for determining ownership.
Less Adversarial Property Disputes
The Courts will now be given more discretion to use a less adversarial approach when hearing financial cases by directing proceedings and managing evidence.
This is particularly relevant where family violence may be present, and where a more sensitive or managed process is in the interests of justice.
Legal Duties & Disclosure Now in the Act
Previously, the obligation to disclose financial information was embedded in the Family Law Rules.
This obligation is now embedded in the Family Law Act itself.
By elevating this obligation, the aim is to improve compliance and ensure parties are aware of their legal responsibilities from the outset.
Additional Changes Now in Effect as of 10 June 2025
In addition to property and financial reforms, several other changes to the Family Law Act 1975 also commenced on 10 June 2025:
1. No Court appearance required for sole divorce applicants
Sole applicants for divorce no longer need to attend Court, even where there are children of the marriage, unless the other party objects.
2. Counselling requirement removed for marriages under two years
Couples married for less than two years are no longer required to attend counselling before applying for divorce.
3. Spousal maintenance to consider family violence
Family violence — including economic or financial abuse — is now a specific factor when assessing spousal maintenance.
The intention is to ensure that Courts are better placed to take into account the financial disadvantage that may result from controlling or abusive conduct.
Who Do the Changes Apply To?
The property and financial changes outlined above apply to all new and ongoing property settlement matters that had not yet reached a final hearing by 10 June 2025.
If you are negotiating a financial settlement or expect to do so soon, these updates may now influence how your matter is approached and resolved, whether through court proceedings or private agreement.
Contact Us
At Bambrick Legal, we work closely with separating couples to reach fair and legally sound outcomes.
If you are concerned about how these changes might affect your rights or entitlements, we encourage you to speak with one of our family lawyers.
We offer a free, no-obligation 30-min consultation for all enquiries.
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Related Blog – New Protections for Sensitive Information in Family Law
