Family law changes coming June 10, 2025 that will affect couples’ property, finance and pets

Changes to family law are coming that will affect separating couple’s finances as well as family pets in property settlement cases. Here’s what’s afoot.

Changes to Australia’s family law that come into effect next month will significantly change the way property and financial aspects are handled after a couple separates.

Key changes will impact couples seeking to resolve financial matters and are outlined in the federal government’s Family Law Amendment Act 2024.

They include:

■ making clear that the effect of family violence is a relevant consideration in determining the division of property and finances following breakdown of a relationship;

■ including “economic or financial abuse” within the definition of family violence;

■ identifying dowry abuse as a form of economic or financial abuse;

One key change to the Family Law Amendment Act 2024 is outlining the approach family law courts must take when deciding aspects of property division or financial settlement.

■ outlining the approach family law courts must take when deciding aspects of property division or financial settlement;

■ providing a new framework for determining ownership of the family pet in property settlements;

■ allowing family law courts to direct proceedings and manage evidence particularly where there may be family violence; and,

■ including the duty of financial disclosure in the Family Law Act.

WHAT IS FAMILY/DOMESTIC VIOLENCE

The Family Law Amendment Act 2024 defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a family member, or causes the family member to be fearful.”

The Family Law Amendment Act 2024 defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a family member, or causes the family member to be fearful.”

The Family Law Amendment Act 2024 defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a family member, or causes the family member to be fearful.”

The amendments aim to make the division of assets fairer in cases where such violence (including financial abuse and pet abuse) has impacted a person’s ability to contribute financially to a partnership.

WHEN DO THE CHANGES START?

The changes come into effect from June 10, 2025, and will apply to settlements already in court as well as new proceedings filed before June 10, unless they have reached final hearing stage.

COMPANION ANIMALS

The courts will now also have to consider if family pets form part of a separating couple’s settlement. Picture: iStock

Where family pets form part of a separating couple’s settlement, the new laws will require courts to consider:

■ any animal abuse, including threatening behaviour as a form of family violence; and,

■ the attachment of each party, or children to the family pets.

The new laws do not give the family courts the power to make orders for joint ownership or share arrangements.

FINANCIAL DISCLOSURE

The duty of disclosure applies to all disputes over finances and property after separation.

It requires separating couples to provide all information that relates to their property and financial matters.

If information is found to be withheld, the family law courts can:

■ take noncompliance into account when deciding a property settlement;

■ impose sanctions, such as costs orders;

■ punish a party for contempt of court with a fine or imprisonment; or,

■ defer or dismiss all or part of the proceedings.

WHAT WON’T CHANGE

Legal powers to prosecute perpetrators of family or domestic violence will remain with state and territory criminal courts, and not the family law courts.

The changes to the law do not give family law courts legal powers to prosecute perpetrators of family or domestic violence or to make orders to protect or compensate someone impacted.

These matters will continue to be prosecuted in state and territory criminal courts.

WHERE TO SEEK HELP

If you or someone you know needs help, 1800 RESPECT is a confidential online and telephone counselling, information and referral service that provides support to people who have experienced sexual assault, family and/or domestic violence.

To access 1800 RESPECT, you can phone [phone], 24 hours a day, 7 days a week, chat online via www.1800RESPECT.org.au, or text 0458 737 732.

For advice or support, go here.

Originally published as Family law changes coming June 10, 2025 that will affect couples’ property, finance and pets