If you’re separating or considering separation, new changes to Australia’s Family Law Act—effective from 10 June 2025—could significantly impact how property settlements are handled, especially in situations involving financial and economic abuse as a form of domestic and family violence (DFV).
This long-awaited reform expands the definition of economic and financial abuse and ensuring that the long-term financial impact of abuse is fully considered during separation proceedings.
🔍 Key Changes Starting 10 June 2025
📌 1. Economic Effects of Family Violence Must Be Considered
Family violence means threatening, violent or other behaviour by a person that coerces or controls a party or a member of the person’s family, or causes the family member to be fearful.
The economic effect of family violence from 10 June 2025 will be taken into consideration. This means that after separation in terms of making decisions about finances and property, under the Family Law Amendment Act 2024, courts will be required to consider how financial and economic abuse has affected a person’s:
- The ability to contribute financially and non-financially to the relationship (including if someone was not allowed to work)
- Ability to acquire or maintain property, and
- Long-term earning capacity or financial independence.
Also, when determining liability for debts, the Court will consider the circumstances in relation to the debts in the context of family violence.
This is a major shift from previous law, where such factors were often overlooked unless raised through complex case law (e.g., the Kennon principle).
Example: If your partner controlled your access to money, prevented you from working, or used financial threats to control your actions, the court must now assess these factors in your property settlement.
📌2. Recognising Financial and Economic Abuse:
The new laws clarify that financial abuse and economic abuse may constitute family violence. This includes:
- Restricting access to joint bank accounts,
- Controlled all of the finances
- Controlling spending or refusing to provide for basic needs,
- Isolating a partner from support systems or employment opportunities.
- Not allowing a partner to work
These broader definitions mean that many survivors—particularly women—can now pursue more equitable outcomes during property division negotiations.
📌 3. Parties can ask the court to make decision about family pets
Parties can also ask the court to make decision about family pets and the court as of 10 June 2025 can consider a list of matters specific only to family pets including:
- The attachment of the children and each party to the family pets; and
- Any threatening behaviour as a form of family violence including any animal abuse.
📌 4. Parties’ contributions and impact of Family Violence
When assessing a party’s contributions to the property pool and the welfare of the family, the impact of family violence will be considered.
For example, if a party was not allowed to work- then this will now be taken into account when assessing their contributions to the property pool.
The cost for counselling and rehabilitation will be taken into account now when assessing their future circumstances also.
⚖️ What This Means for You if You’re Separating
If you’ve experienced family violence or financial control, you now have stronger legal rights when negotiating a property settlement. Whether you’re separating from a de facto partner or ending a marriage, the courts must:
- Evaluate the true value of your contributions, including homemaking and child-rearing under abusive circumstances;
- Consider your financial vulnerability caused by the abusive relationship;
- Deliver a fairer property split in light of the abuse endured.
This is especially important for clients who were:
- Stay-at-home parents during the relationship,
- Denied employment or education,
- Left with limited superannuation or assets after years of control.
👩⚖️ How a Family Lawyer Can Help
At Terry Anderssen Lawyers, our team of compassionate, experienced family lawyers in Queensland can help you:
- Understand your entitlements under the new legislation,
- Prepare strong evidence of abuse, control, and financial disadvantage,
- Negotiate or litigate a fair property settlement based on the updated family law framework.
We provide:
- ✅ Trauma-informed legal support
- ✅ Confidential advice tailored to your situation
- ✅ Strategic representation in negotiation and court proceedings
📞 Book Your Private Consultation Today
Don’t face this complex legal journey alone. The law is finally catching up with the realities of domestic violence. Make sure your voice—and your future—are protected.
🗓️ Contact us today online: jump onto our contact page and send us an inquiry.
📞 Call today:0733504417