You may have heard whispers about some changes to the Family Law Act. If you have, you’re absolutely right! If this is the first time you’re hearing about it, then you’re in the right place. We’re here to bring you up to speed.
Separation is never easy. There’s the emotional side, the practical challenges, and the legal decisions—each one demanding your energy when you’re already stretched thin. Now, with some big updates coming to family law in June 2025, there’s even more to consider.
But don’t stress. These changes are designed to make the process fairer, especially for those impacted by family violence. Whether you’re dealing with property, finances, or even pets, we’re here to break it all down for you in plain, simple terms.
Let’s walk through the changes and what they mean for you.
When Do These Changes Come Into Effect?
The changes coming into effect will apply from 10 June 2025. This means if you’re currently separated and starting to think about property settlement, or if you’re already negotiating your settlement (whether on your own, with lawyers, or through the courts), these changes will need to be taken into account.
These changes will affect you if you:
- Are newly separated and beginning to think about property settlement.
- Are negotiating your property settlement, either with or without legal help.
- Are already in court but haven’t yet had a final hearing.
However, these changes will not affect you if you:
- Already have final orders in place (either by consent or from the court), or
- Have already begun your final hearing in relation to your property settlement,
This broad application means it’s crucial to understand how the changes might shape your next steps. If you’re unsure whether these changes apply to you, we highly recommend seeking tailored legal advice can make all the difference.
How Do Courts Divide Property Now?
If you and your ex-partner can’t reach an agreement, the courts follow a set process to make sure everything is considered. This process is known as the “4-step process” and is a structured way of ensuring that both parties are treated fairly, and it looks something like this:
- Step One: Identify the Property Pool
The courts take stock of everything you own (the assets) and owe (the liabilities). This includes:- The family home
- Cars, shares, and savings
- Superannuation
- Any debts or loans
- Step Two: Look at Contributions
Next, they assess what each person contributed. This isn’t just about money—things like unpaid caregiving or maintaining the family home count too. - Step Three: Consider Future Needs
This step is all about what each person will need moving forward. The courts look at things like:- Your age and health
- Your earning capacity
- Whether you’re caring for children
- Step Four: Ensure Fairness
Finally, the courts make sure the outcome is fair and just in all the circumstances.
Thanks to these new amendments, the 4-step process will now be formally outlined within the Family Law Act, helping guide people through a separation and property settlement.
So What’s Changing?
The biggest shift is the courts now taking a closer look at the impact of family violence (particularly financial abuse) when determining property settlements.
Family violence, as defined in the law, includes violent, threatening, or coercive behaviour that causes fear or harm to a family member. Unfortunately, family violence is more common than we’d like to admit, and it often plays a major role in the breakdown of relationships. These amendments are designed to address that reality.
Let’s say one partner controlled all the money during the relationship, leaving the other financially dependent. Or maybe one partner was prevented from working or studying. These situations can leave people at a disadvantage after separation.
Under the new laws, the courts will consider:
- How financial abuse affected a person’s ability to contribute to the property pool.
- Any future costs, like therapy or medical expenses, linked to family violence.
This is a major step forward for fairness and ensuring survivors of abuse aren’t left financially vulnerable.
So, What Exactly Does This Mean For You?
- Impact on contributions: If one person has been affected by family violence and, as a result, was prevented from contributing financially or non-financially (for example, being stopped from working or facing ongoing physical or emotional barriers), the court will take that into account when assessing contributions.
- Effect on future needs: If family violence has left one person with long-term consequences—whether that’s an ongoing injury, a need for therapy, or a reduced earning capacity—the court must consider these factors when determining future needs and how the property should be divided.
- Other considerations: Courts will also now consider things like intentional wastage of assets or reckless behaviour that harms the financial position of the relationship, as well as any liabilities one party may have incurred. If there’s been any care of children under 18, this will be taken into account as well.
What Other Changes Are Coming?
Aside from the family violence amendments, there are a few other updates to note:
Full disclosure of financial information: Honesty isn’t optional—it’s the law. Under the updated rules, separating couples have a duty to disclose all their financial information, even as circumstances change. This means that separating couples will need to provide all relevant financial documents and information to each other and the court (including evidence of income and savings, assets like property and superannuation, and debts and loans).
- Pets in property settlements: Pets aren’t just animals—they’re family. And yes, they can even be part of a property settlement.
Most of the time, couples work out pet arrangements themselves. But if there’s a dispute, the courts can step in. Under the new laws, the courts will consider things like:
- Whether there’s been animal abuse (as part of family violence).
- The emotional attachment of children or either partner to the pet.
That said, the courts won’t order joint custody of pets. If you’re hoping for a shared arrangement, you’ll need to agree on that privately.
Where to From Here? Let Us Help You Navigate Your Property Settlement
The divorce journey is never easy, and these changes to the Family Law Act can feel overwhelming—especially when dealing with the emotional and financial weight of a separation. If you’re unsure about how the amendments will impact your situation or need help navigating your property settlement, don’t hesitate to reach out to us here at Brisbane Family Law Centre.
Our experienced team of family lawyers is here to provide you with the support and guidance you need. Whether you have questions about the changes, need help with your property settlement, or just want some clarity around the process, we’re here for you.
You can contact us today on 07 3862 1955 or email us at hello@bflc.com.au. And remember, if you have any immediate safety concerns, please contact 000.
If you or someone you know needs help with family violence, you can reach out to 1800RESPECT. They offer confidential support via phone (1800 737 732), online chat at www.1800RESPECT.org.au, or text (0458 737 732).