By Sheree Orbell, Solicitor Director and Mia Eddy, Paralegal at Orbell Family Lawyers
If you’re going through a separation or supporting someone who is, recent changes to Australia’s family law system may directly affect you. From property division to financial abuse and even who keeps the family pet, updates to the Family Law Act 1975 (introduced by the Family Law Amendment Act 2024) came into effect on 10 June 2025.
These changes aim to modernise the law, reflect today’s family dynamics, and create clearer, fairer outcomes. Here’s what you need to know.
Recognising the Impact of Family Violence
For the first time, the law now explicitly recognises the effects of family violence when determining financial and property matters.
Importantly, the legislation provides clear examples of economic and financial abuse, such as:
- Controlling access to money
- Sabotaging employment or income
- Racking up debt in a partner’s name without consent
- Coercive behaviour in relation to dowries
When dividing property, the court must now consider how family violence may have affected a person’s contributions during the relationship and their financial circumstances after separation. For instance, if someone was prevented from working or faces ongoing costs due to recovery from abuse, these factors can now influence the settlement.
Courts must also consider family violence when deciding whether spousal maintenance should be paid.
Pets Are No Longer Just Property
In a welcome shift for animal lovers, pets (specifically companion animals) are no longer treated simply as property. The law now offers a separate framework for determining who keeps the family pet after separation.
Companion animals are those kept primarily for affection, such as a dog or cat. Animals used for work, farming or business are excluded.
The court can now consider:
- Who has been the primary carer for the animal
- Any history of abuse or mistreatment
- The emotional attachment of a party or child to the pet
- Each person’s ability to care for the pet going forward
Importantly, the court cannot make orders for shared care or joint ownership of pets. It must assign sole ownership unless both parties privately agree to other arrangements.
Property Division and Future Needs
The amendments also broaden the factors the court must consider when dividing property and finances after separation. These now include:
- Reckless or deliberate wasting of money or assets (such as gambling or gifting large sums)
- The reasons for taking on debt, including family loans or irresponsible borrowing
- The housing needs of any children involved in the matter
This ensures a more realistic, needs-based assessment when determining how assets should be divided.
A Less Adversarial Approach in Court
Legal proceedings can be stressful, especially when there’s conflict or family violence involved. The new laws allow courts to take a more flexible and less adversarial approach in property and financial cases, provided both parties agree, or the court considers it suitable.
In parenting cases, this less confrontational approach already applies automatically. It allows judges to be more involved in managing proceedings and encourages the use of technology to reduce in-person appearances, especially where safety is a concern.
Strict rules of evidence may also be relaxed unless the court decides otherwise, making the process less formal and more accessible.
Duty of Disclosure: Now Part of the Law
If you’re separating, you are legally required to provide your former partner with full and honest financial information. This includes bank statements, payslips, superannuation details, and information about all assets and debts. This obligation is called the duty of disclosure.
Under the new laws, this duty is now formally embedded in the Family Law Act, which strengthens its legal significance. If a party fails to comply, the court may:
- Alter the property division in the other party’s favour
- Order legal costs to be paid
- Impose fines or other penalties
Other Key Updates
- Arbitration: The reforms introduce a unified list of matters that can be resolved through arbitration, making private resolution more accessible.
- Court oversight: Courts now have clearer powers to control how arbitration is conducted, or to end arbitration if safety concerns arise.
What This Means for You
If you’re currently going through a separation or thinking about separating, these changes may significantly affect your rights and responsibilities. Whether it’s ensuring financial fairness, protecting yourself from abuse, or deciding who keeps the family dog, the new laws offer more clarity and protection.
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The information contained in this article is provided for information purposes only and should not be construed as legal advice.
