Changes to the Family Law Act

2024 saw the Family Law Act ("the Act") undergo significant changes for Parenting Matters but there are more changes to come this year with a focus on property settlement matters.

What are the new changes?

Some of the most significant changes include:

1. Greater recognition on the effect of Domestic and Family Violence;
2. Specifying the approach the Court is to take when making decisions about the division of property;
3. Providing a framework for determining the ownership of family pets after separation;
4. Allowing the Court to use the less adversarial approach in property and financial matters;
5. Including parties’ duties of financial disclosure in the Act.

Improving the consideration of domestic and family violence in property matters

The Act will now provide a specific mechanism for the impact of domestic and family violence on victims to be recognised.   

The Act will consider the impact of family violence in property settlement proceedings in three ways, by;

1. Including ‘economic or financial abuse’ as a behaviour that may constitute family violence.
2. Explicitly including family violence as a factor which can impact a person’s ability to make financial and non-financial contributions; and
3. Recognising the impact which family violence has, or could have, on current and future circumstances of the parties.

Codifying the property division process

Property Settlements in family law matters currently follow a 4-step process to determine a just and equitable outcome. Codifying these steps into the Act intends to make the process more transparent and clearer for parties.  

Provisions clarifying how family pets are to be considered

Pets previously were not specifically considered in the Act. The Act will be updated to now include family pets and they will be defined as ‘companion animals’.  The Court will now have the ability to make orders about which party is to retain a ‘companion animal’. Pets are still going to be considered as property and the ‘best interests’ of a pet won’t be taken into account in the same way that of a child would be.

The less adversarial trial process

The less adversarial trial approach predominately applies to child related proceedings but will now be available in property proceedings. This approach is designed to be less adversarial, less formal, less intimidating and less costly than traditional trials. Allowing this approach in other matters is designed to reduce the negative impact a trial can have on the parties involved.

Disclosure obligations

Parties to a family law matter have a duty to provide full and frank disclosure of any information that is relevant to the matter. This duty is currently found in the Family Law Rules but will be elevated into the Act. This change is intended to provide parties with greater clarity surrounding their obligations and duties.

When do the changes take effect?

The Family Law amendment Bill 2024 received royal assent on 10 December 2024, with the new changes to come into effect on 10 June 2025.

Who do the changes apply to?

The majority of the upcoming changes to the Family Law Act will apply to all new and existing family law matters, unless a final hearing has commenced.

If you are concerned about how these amendments may affect you and your family law matter, please contact our office and arrange a time to discuss with our family law professionals.