04 Jun Family Law Amendment Act – the 2025 changes you need to know
The Family Law Act 1975 (Family Law Act) is an important piece of legislation that shapes family law, including the divorce and separation process and parenting and custody within Australia.
Of course, as society changes and evolves, so too must our laws. And, in fact, the Family Law Act has undergone many changes over the past 50 years. Now we’re on the threshold of a new wave of legislation amendments with the Family Law Amendment Act 2024 (The Family Law Amendment Act). This new act introduces changes to the Family Law Act, which will take effect from 10 June 2025.
So, what will these updates involve? And how might they affect you?
Here are some of the key updates below and how they might impact you here in Australia.
Changes to the Family Law Act
The Family Law Amendment Act will introduce changes in a number of areas and principles, including:
- Less adversarial approach
- Family violence
- Family pets
- Duty of disclosure
- Property settlements
- Arbitration
- Children’s contact services
- Procedural updates
Less adversarial approach
This amendment makes it clear that the court must take a less adversarial approach when it concerns the welfare and custody of children. This is to reduce the stress felt by families navigating the legal process. The approach to other sections of the Act will be decided by the court or by the consent of the parties.
Family violence
In an excellent change, economic or financial abuse is now more clearly recognised as a form of family violence. In the new Family Law Amendment Act, new considerations have also been added to property settlement proceedings. This includes whether family violence has affected the ability of a party to make financial and non-financial contributions to the family, or contributions to the welfare of the family.
Under the amendments, family violence will also be taken into account when the court considers spousal maintenance.
Family pets
Animals have previously been treated as property under family law. New guidelines will assist the courts to deal with ‘companion animals’ (i.e. the family pet) separately from other property.
Orders can be made regarding the sole ownership, transfer of the pet to another person with consent, or the sale of the pet.
Clearer disclosure rules
When it comes to sorting out finances and property after separation, the rules around sharing information (called the ‘duty of disclosure’) in financial and property matters have been made stronger.
Before, these rules were only found in the court guidelines – but now they’re part of actual family law. They aren’t just for separating couples either. Lawyers, mediators and other professionals also have a responsibility to follow these rules. This change helps everyone to better understand what they are required to share, when and with whom.
Property settlements
The Family Law Amendment Act also changes how the courts work through a property settlement and the factors they take into account. The court will not look at a wider range of updated factors, including things like family violence, when deciding what’s fair for each party.
Importantly, the court won’t make an order adjusting the property interests of the parties. They will only make an order changing property ownership if it’s just and equitable to do so.
Arbitration
The legislation has clarified and expanded the types of family law issues that can be resolved through arbitration, whether they’re arranged privately or ordered by the court. These include:
- Dividing assets and debts after a separation or divorce
- Spousal maintenance
- Superannuation splitting
- Financial agreements, such as prenuptial and separation agreements
- Property disputes between de facto partners
These changes mean that separating couples now have a clearer understanding of when they can use arbitration as an alternative to going to court. It also provides them with more options to resolve their disputes efficiently and amicably, without the need for lengthy and expensive court proceedings.
Tighter rules for children’s contact services
Children’s Contact Services (CCS) are about to face stricter standards, including federal accreditation rules. A CCS is a safe, supervised place where children can spend time with a parent or be dropped off or picked up by parents when they’re separated and have difficulty managing this on their own. They’re especially helpful in high-conflict situations or where there are concerns about safety.
The new rules are designed to make sure that these services are safe and reliable. If a CCS doesn’t meet the new standards, it could face penalties. The courts will also only be able to refer families to accredited CCS.
There will also be new limits on how information is shared, especially if it could put a person or family at risk when they’re using CCS.
Procedural updates
The Family Law Amendment Act also makes a number of changes to how the legal system handles family law cases – that is, the processes that are in place. One key change is that now everyone follows the same process when applying for a divorce – no matter how long a couple has been married.
Previously, couples married for less than two years had to have counselling before they could file for divorce. Now this is no longer the case, making the process simpler and more consistent for everyone.
Need help navigating the Family Law Amendment Act 2024 changes?
Of course, there are more changes to the Family Law Act than can reasonably be explained here. If you would like clarification on any of the points above or would like to learn more about the family law changes, Toomey Family Law can support you.
As family law and divorce specialists, we pride ourselves on being up to date on legal reforms and can apply them to your unique situation. If you’d like judgment-free legal support in a confidential, safe environment, get in touch today.