Late 2024 family law saw a fresh set of reforms passed by Commonwealth Parliament. Some reforms came into effect immediately, with the rest in force from 10 June 2025. We spoke with Kathryn Kearley, a College of Law family law expert, to find out which reforms are in immediate effect, what changes are to come, and what they mean for you.
“The Family Law Amendment Act 2024 (the Act) received Royal Assent on 10 December 2024,” Kathryn says. “The Act introduces a range of major amendments concerning property and financial matters. These amendments are staged over two periods: the first set came into force immediately, while the majority of amendments have a six-month lead-in time, taking effect on 10 June 2025. This allows good time to implement and communicate these changes to the family law sector and broader community.”
These amendments are a result of recommendations made by the Senate Legal and Constitutional Affairs Legislation Committee, the Australian Law Reform Commission’s review of the family law system as well as feedback from stakeholders. These recommendations include changes to provisions concerning companion animals, taking a less adversarial approach, disclosure, divorce, protected confidences, and costs orders.
“The definition of family violence is broadened to include economic or financial abuse, such as unreasonably denying financial autonomy, financial support, and dowry abuse,” Kathryn says. “Lawyers and FDR practitioners need to be aware that the obligations regarding disclosure are now in the Act instead of the court rules.”
What changes are live now?
The chief changes currently in effect have been made to Schedules 3 and 4. These are below:
Schedule 3 - Case management and procedure:
Part 3 - Commonwealth information orders; and
Part 4 - Operation of section 69GA of the Family Law Act.
Schedule 4 - General provisions:
Part 2 - Court rule making power for Family Court of a State;
Part 3 - Review of approved methods and factors for valuing superannuation interests; and
Part 4 - Separation declaration requirements.
“It is important for family lawyers to be familiar with these changes as they will affect current clients and their matters,” Kathryn says.
What changes take effect on 10 June 2025?
The majority of changes come into effect mid-year.
“These ensure, for the first time, that family and domestic violence can be taken into consideration in property settlements for separating families,” said Attorney-General Mark Dreyfus. “Shockingly, family violence is present in 80 percent of parenting matters before family courts.”
According to the Attorney-General, the Act:
- ensures the economic impact of family violence is considered where relevant as part of dividing property and finances
- ensures the care and housing needs of children are considered in financial and property decisions
- ensures financial information is disclosed at the earliest opportunity to promote the early resolution of disputes
- expands the court's ability to use less adversarial approaches in all types of proceedings
- establishes a regulatory framework for Children's Contact Services to ensure the provision of safe and child-focussed services for children whose families are unable to safely manage contact arrangements on their own
Pets also often suffer abuse where family violence occurs.
“The new law means that courts will consider a range of factors, including family violence, when determining ownership of pets to better protect everyone in the family,” said the Attorney-General.
“These reforms are very significant as they will affect all cases in which financial orders are sought,” Kathryn says. “It is imperative that lawyers understand the changes and communicate with their clients about the impact of the new law on their case.”
The changes that will come into effect from 10 June 2025 are below:
Schedule 1 - Property reforms:
Part 1 - Property framework (includes changes to the framework to recognise the impact of family violence when resolving property and financial matters);
Part 2 - Principles for conducting property or other non-child-related proceedings; and
Part 3 - Duty of disclosure and arbitration.
“These reforms codify common law decision-making in reported family law property cases,” Kathryn says. “This includes the stepped approach of identifying legal and equitable interest in property and existing liabilities of the parties, considering contributions of the parties, as well as their current and future circumstances, and ensuring that orders are just and equitable.”
In property adjustment cases, from 10 June the court must consider:
- Effect of any material wastage intentionally or recklessly by a party of property or financial resources
- Liabilities incurred by parties and circumstances of them
- Extent to which a party has care of a child of the relationship under 18 yeas including need for either party to house the child, and
- Effect of family violence which one party subjected or exposed other party
Schedule 2 - Children's contact services
Schedule 3 - Case management and procedure:
Part 1A - Removing limitation on application for divorce;
Part 1 - Attending family dispute resolution before applying for Part VII order;
Part 2 - Attendance at divorce proceedings; and
Part 5 - Protecting sensitive information.
Schedule 4 - General provisions:
Part 1 - Costs orders.
As of 10 June 2025, these amendments will apply to new and existing proceedings, except where a final hearing has commenced.
The Act is available for review here. The Explanatory Memorandum is available here.
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