Important Changes to Australia’s Family Law
As of 10 June 2025, major reforms to the Family Law Act 1975 (Cth) (under the Family Law Amendment Act 2024) take effect, reshaping many of the assumptions and strategies in family law.
These changes introduce significant updates across financial and property settlements, procedural rules, and even how the law treats companion animals.
At Aintree Group Legal, we believe that staying ahead of these reforms means more than knowing the amendments. Below is an overview of the most important changes, what they mean in practice, and how our approach helps you navigate this evolving legal landscape.
Key changes you should be aware of
1. Economic & financial abuse recognised
One of the most critical reforms is the expanded definition of economic and financial abuse (new section 4AB). Non-physical forms of control, such as coercive behaviour, restricting access to money, or undermining financial autonomy, are now explicitly recognised.
2. Companion animals are more than a chattel
Perhaps one of the most emotionally significant updates is that companion animals are no longer treated purely as a personal possession.
Courts can make orders regarding their care, ownership, or transfer, factoring in welfare, attachment, and cruelty history.
3. Simpler divorce procedures & reduced barriers
The mandatory counselling requirement for couples married less than two years has been removed. This aims to reduce delay and emotional strain.
Court attendance rules in divorce applications (whether together or separately, with or without children) are standardised.
4. Updated property settlement framework
The old factors in sections 75(2) and 90SF(3) have been replaced.
Courts will now consider “current and future circumstances”, including liabilities, family violence, appropriate housing for children, and waste, when deciding whether to adjust property interests.
5. Disclosure duty & procedural reforms
A new duty of disclosure is being formalised in property and financial matters. Parties and practitioners must be made aware of this duty and its consequences.
Also, distinctions around arbitration are being removed, and non-child disputes can now adopt a less adversarial approach (if parties consent or directed by court). This extends principles formerly limited to child proceedings.
6. Sensitive information protections & costs clarified
New provisions protect confidential communication (for instance, seeking health or family violence treatment) from being used as evidence.
The rules around costs (previously in section 117) are also revamped, with a new Part XIVC providing more clarity about when costs orders, including for independent children’s lawyers, can be made.
What this means for you & how we can help
These reforms are more than legal technicalities – they change the way family law is practiced and the outcomes clients can expect.
Here’s how we guide you:
- We help anticipate risks and vulnerabilities – especially in relationships or partnerships with financial imbalance or control.
- Translate legal reform into clear strategies – breaking down complex amendments into practical steps that inform your litigation or dispute resolution strategy.
- Anticipate risks in commercial and financial disputes – including where allegations of financial misconduct, control, or imbalance could affect proceedings.
- Advise on evolving definitions and protections – ensuring sensitive information is safeguarded and disclosure obligations are met in line with new requirements.
- Represent you with a dispute-ready mindset – whether negotiating settlements, preparing for tribunal hearings, or managing litigation from start to finish.
- Balance outcomes with long-term impact – focusing not only on resolving the immediate dispute but also on protecting your position, reputation, and future opportunities.
These changes represent a generational shift in family law. The law is catching up to lived realities: emotional bonds, non-physical abuse, and the shifting place of animals in households.
Clients navigating separation, dispute, or restructuring now have new legal tools and considerations.
But, you don’t have to figure it out alone. At Aintree Group Legal, we’re here to help guide you through the process with our outsourced family lawyers. Get in touch today!
This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.
