From 10 July 2025, major reforms to family law in Australia have officially come into effect. These changes aim to make the system fairer, clearer, and more reflective of the realities that separating couples face - from financial abuse to who gets the family dog.
For a long time, the process for dividing assets after separation has been based on case law - meaning it wasn’t actually written into legislation. That’s now changed.
The Family Law Act now sets out the four steps courts must follow when deciding how property should be split:
This change brings clarity and consistency to property settlements - making it easier for lawyers to advise clients early and for families to negotiate with more confidence.
One of the most important updates is how family violence, including financial and economic abuse, is now factored into property and maintenance matters. What does this mean? If one party has suffered financial control or abuse during the relationship (like being denied access to money, coerced into debt, or excluded from financial decisions), the court can now formally take this into account when dividing property. This is a huge step forward in recognising the real-world impacts of power imbalance and control in relationships.
In the past, pets were treated like any other asset — basically a piece of property. Under the new changes, the court now has the power to consider who the primary carer of the pet is, whether it’s a companion animal, and the emotional connection involved. It’s no longer just “who bought the dog” or “whose name is on the vet bills.” If you’re separating and want to keep your pet, this change gives you a better chance to make your case.
From July 2025, the duty to provide full and frank disclosure of financial information is no longer just a court rule - it’s now enshrined in the Family Law Act. This means everyone going through a property settlement is legally required to disclose all relevant financial details (bank accounts, assets, debts, superannuation, trusts, etc.). This change is designed to reduce disputes and prevent parties from hiding information.
The courts are also taking steps to make family law proceedings less stressful and more solution-focused. In many financial and parenting cases, judges can now take a “less adversarial” approach - guiding the process more actively and helping parties stay focused on practical outcomes rather than fighting over every detail. For families dealing with family violence or high conflict, this approach can be a game-changer.
If you’ve been married for less than two years, you no longer need to provide a counselling certificate when applying for divorce. This change removes a common hurdle for people in early separations, particularly those escaping unsafe or unhappy marriages. Attending court for divorce is also being made easier - with more flexibility for remote appearances and a push to reduce unnecessary hearings.
If you're currently going through a separation - or even just starting to think about it - these changes could have a real impact on your rights, entitlements, and the overall direction of your matter. It’s more important than ever to ensure that any property agreement you enter into aligns with the new four-step process now outlined in the Family Law Act.
If your relationship involved family violence or financial control, make sure your lawyer knows early, those factors can now influence the final settlement. If you're hoping to keep a beloved pet, it’s worth gathering evidence that shows your role in their care and your emotional connection, as courts are now paying closer attention to that aspect. Full and honest financial disclosure is also critical under the new laws - failing to do so can have serious consequences.
Finally, don’t underestimate the benefit of the less adversarial court process now being applied in many cases; it’s designed to reduce stress, streamline proceedings, and focus on achieving practical, fair outcomes for everyone involved.
From 10 July 2025, major reforms to family law in Australia have officially come into effect. These changes aim to make the system fairer, clearer, -
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