Key Changes to Family Law: What Separating Couples Need to Know from 10 June 2025

Co-authored by Logan Treacy.

KEY TAKE OUTS:

• The changes focus on the financial and property aspects of relationship breakdown.
• The changes commence from 10 June 2025.
• These changes apply to all separating couples, whether their property settlement is determined by the Family Law courts, or they are negotiating outside of court.

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When couples separate, many are able to come to their own agreements regarding the division of finances and property. Others may turn to dispute resolution processes to reach a mutually acceptable arrangement. If these efforts are unsuccessful, parties may seek the assistance of the family law courts to determine a property settlement. The family law courts have broad powers to make orders about property (such as the family home, shares, or superannuation), and liabilities, if it would be just and equitable to do so.

From 10 June 2025, the Family Law Amendment Act 2024 (Cth) (“the Amendment Act”) makes changes to the Family Law Act 1975 (“Family Law Act”) to include changes to the law about:

• How the family law courts will determine a property settlement; and
• What the family law courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant.

Family violence

From 10 June 2025, the courts must consider the economic effect of family violence where relevant, when making decisions about property and finances after separation. The reforms explicitly recognise that economic or financial abuse, such as one partner exerting full control over household finances, can constitute family violence.
The impact of family violence could be relevant when assessing a party’s contributions to the property pool and to the welfare of the family (for example, if they were not allowed to work), and when assessing their current and future circumstances (for example, if they have ongoing counselling or rehabilitation costs).

Duty of Financial Disclosure

The duty of financial disclosure is in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules. While the duty itself remains unchanged, it now has legislative status rather than being governed solely by court rules.
This duty applies to all financial and property disputes after separation. It is an ongoing duty, requiring parties to provide full and frank disclosure of all relevant information when they are trying to resolve their property matter.
There can be consequences if separating couples do not do this. For example, the family law courts may

• take non-compliance into account in a property settlement
• impose sanctions, such as costs orders
• punish a party for contempt of court with a fine or imprisonment, or
• defer or dismiss all or part of the proceedings.

Companion Animals

Under the Family Law Act, animals owned by parties to the relationship are treated as property. The Amendment Act adds a framework for dealing with family pets in property cases, separate from other property.
Separating couples can make arrangements for what happens to their companion animals (family pets), without going to court. This is what happens most of the time.
While most separating couples resolve pet ownership privately, those unable to agree may apply to the courts for orders. When determining such applications, the court must now consider factors specific to companion animals, including:

• Any animal abuse, including threatening behaviour as a form of family violence
• The attachment of each party, or children of the relationship to the family pets.

Importantly, courts will not make orders for joint ownership or shared possession of pets. Only certain types of orders are available under the new provisions.

 

Divorce – Removing limitation on applications

Previously, parties married less than 2 years seeking a divorce order had to file a certificate stating they had considered reconciliation with the assistance of a professional, or seek leave from the court to apply for divorce. The Amendment Act removes this requirement. Couples must still be separated for a minimum of 12 months and one day before applying.

 

Existing Orders and New Applications

The new legislative changes do not affect existing property or financial orders. Individuals subject to those orders should continue to comply with them. However, the amendments will apply to all new and ongoing proceedings, except where a final hearing has already begun.

Family law (property) changes from 10 June 2025 – Fact sheet for seperating couples

 

Conclusion: Coutts can help you

We understand the emotional, mental and financial strain the breakdown of a family unit has on an individual. Coutts Lawyers & Conveyancers boasts an experienced team of Family Law Lawyers including an Accredited Specialist, who approaches every matter with compassion, empathy and understanding. Coutts provides legal advice in all areas of family law including property settlements, divorce settlements, all types of parenting matters, preparing Binding Financial Agreements (also known as “Prenuptial Agreements” or “prenups”) and Binding Child Support Agreements. For more information on our Family Law services, please click the link.

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