Let’s review the 10 Major Changes to Family Law in Australia as of 10 June 2025!
There have been big changes to the Family Law Act that are now in place. The Family Law Amendment Act 2025 has made major changes to the framework for settling the property and financial aspects of relationship breakdown in the Family Law Act 1975. This has been implemented to make the system safer, fairer, and easier to navigate.
These updates represent a major change in how the law approaches property settlements, with a strong focus on recognising and addressing the financial effects of family violence.
1. A New Framework for Property Settlements
The process for reviewing property division after separation has changed.
The court must now consider:
- The impact of family violence on finances, including any wastage of assets, debts, and liabilities.
- Future housing needs.
- Domestic violence in relation to spousal maintenance applications.
The first step is for the court to identify all parties’ assets, with the parties assisting by complying with their disclosure obligations.
The court then determines whether it is just and equitable to alter ownership.
These new factors apply both when reviewing the parties’ contributions during the relationship and when assessing each party’s future needs. For example, if one party prevented the other from working, this restriction may now be taken into account. Regarding future needs, ongoing counselling or rehabilitation costs related to domestic violence will also be considered.
2. Orders for Pets
Pets are considered companion animals now by the Courts.
The Courts can make specific orders about who keeps the family pet. The court can assess:
- Who has cared for the pet,
- Who acquired the pet,
- Whether parties can care for their pet after separation;
- Whether there has been any abuse of the pet;
- The relevance of domestic violence to the pet, including threats or actual harm.
3. Financial Disclosure
The duty of disclosure is now set out in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules.
The nature of the duty remains the same. It is ongoing, and consequences apply for non-compliance.
4. Legal Costs
Certain provisions found in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 have now been replaced by some of the existing costs provisions in the Family Law Act 1975 (Cth).
The Family Law Amendment Act (2004)(Cth) replaces some of the existing costs provisions in the Family Law Act 1975 (Cth).
The new costs provisions clarify when and how the Court can make a cost order.
5. Making the Court Process Less Adversarial
For property matters, the Court can, at its discretion, use a less adversarial style. This includes the option for electronic court appearances where there is domestic and family violence.
The aim is to make the Court a less intimidating space and help parties resolve matters more constructively. This approach already applies to parenting matters.
6. Simplifying the Divorce Process
Previously, couples married for under two years had to prove they attended counselling before applying for divorce. This requirement has now been removed.
Now, all divorces follow the same general processes, though the usual requirements for divorce still apply.
7. Improving Children’s Contact Services (CCS)
Children’s Contact Centres will now be subject to new national standards.
The changes also mean that for court-ordered supervised visits, only accredited centres will be used.
8. Protecting Confidential Communications
New laws better protect sensitive information shared with counsellors, psychologists, or support services.
Courts will balance the relevance of private communications against the potential harm of disclosing them, aiming to protect victims of trauma or family violence.
9. Commonwealth Information Orders – Protecting Children
Courts will have more power to access information about potential violence-related risks to children.
The Federal Circuit and Family Court can now more easily gather information from federal agencies via Commonwealth Information Orders.
These orders help the Court gather information from agencies like Child Support or Centrelink.
10. Domestic Violence and Property Matters
The Court now has the ability to consider, where relevant, domestic and family violence in property matters.
Financial or economic abuse is now included in the definition of family violence.
This is a very important change. The law can now take financial abuse into consideration, such as:
- Where one party has not allowed the other party to work
- Dowry abuse
- Controlling finances and spending in the relationship
Need Help With Your Family Law Matter? Contact Us Today
If you need advice on financial or parenting matters, or have questions about how these changes affect your situation, our experienced family lawyers are here to help. Please visit our contact page or call us at 07 3350 4417.
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