Parts of the Family Law Amendment Act 2024 took effect on 10 June 2025 to make changes to the Family Law Act 1975. The new law applies to all matters (unless a final hearing has commenced), even if the Court application was filed before 10 June 2025.
The aim of the Amendment Act is to make the family law system safer and simpler for separating couples to navigate, and ensure the property and financial aspects of relationship breakdown are resolved safely and fairly. It is designed to address high rates of family violence and respond to government inquiries and reports which highlighted challenges facing the family law system, including extensive court delays, complex and confusing legislation and inadequate protection for people at risk of family violence.
The Amendment Act has largely codified existing case law and expanded the Court’s reach regarding taking family violence into consideration when determining property divisions, spousal maintenance, and with respect to ownership of pets.
We highlight a few major changes which may impact how we deal with your family law matter.
Property
The Amendment Act expands and includes family violence into the list of factors the Court can consider when determining a property division. The Court will consider the effect the family violence had on a party’s ability to ‘contribute’ to the asset pool (either financially or through contributions to the welfare of the family), and the financial position, any wastage, liabilities incurred, and housing needs with respect to a party’s ‘future needs’ adjustment. While these matters could be considered prior to the Amendment Act through application of case law, the new legislation clarifies and expands on the Court’s power.
The economic effect of family violence has also been inserted into the list of factors that the Court can consider when assessing spousal maintenance.
Pets
The law treats animals as property, even though we may think of our furry friends as family. Under the Amendment Act, the Court deal with ‘companion animals’ (thinks pets instead of service animals or livestock) under a different framework than other property and decide who gets to keep the pet. The Court will take into account various factors in making the decision, including the attachment by a party or a child to the pet, the ability to care for the pet, and any history of abuse towards the pet.
The Court still cannot make arrangements for shared care of a pet, but if you and your former partner want to have week-about handovers of your fur baby, you are welcome to arrange that between yourselves.
Divorce
Another helpful amendment has been to remove the requirement for parties who have been married for less than 2 years to receive marriage counselling and/or seek leave of the Court prior to filing a divorce application.
You are still required to have been separated for at least one year, and satisfy the Court that the marriage has broken down permanently with no prospects of resuming married life, along with other requirements such meeting the geographical jurisdiction of the Court and that there are arrangements in place for the care, welfare, and development of any children of the marriage.
The Court will now also be able to determine sole divorce applications based on the paperwork and without a ‘hearing’, even if there are children to the marriage under the age of 18 years. This was already the case for joint applications or sole application where there are no children of the marriage. This will save parties the cost and stress associated with a Court appearance. You may still be required to attend if the Court requests and/or if a Response to Divorce is filed.
There are more measures to prevent unreasonable access to certain ‘protected confidences’ material in counselling or health records, regulation of children’s contact services, codification of the ‘duty of disclosure’, and clarification of provisions about Costs Orders.
We can give you advice about how the changes to the legislation may impact you. Please contact our team if you would like further information and advice about your matter on (02) 6152 0493 to arrange a fixed fee appointment with one of our family lawyers.
