On 10 June 2025, further legislative amendments to the Family Law Act 1975 came into effect. This is after further amendments affecting parenting matters came into effect on 6 May 2024. The vast majority of the new amendments impact on how the Federal Circuit and Family Court of Australia resolve property and financial matters after the breakdown of both a marriage and a de facto relationship.
The new changes impact on all matters, irrespective of whether your relationship broke down prior to 10 June 2025 and so it is important that client’s are aware of how these new changes will impact their matter.
Expansion of considerations of family violence in property matters
One of the most significant amendments is the codification in recognising that family violence is a relevant consideration when determining the division of property and finances following the breakdown of a relationship. For married couples, the new section is Section 79(5) which has changed in wording. The Act previously referred to a parties “future needs” and now refers to “considerations relating to current and future circumstances” of a party. Section 90SM(5)(a) is the applicable section for a de facto relationship and the same wording and assessment of the evidence is applied.
Whilst family violence and the impact on financial matters was historically encompassed in Australian Case Law, the new amendments make it clear that it is now a relevant factor which needs to be considered in all relevant matters.
The definition of family violence has also been expanded through the new amendments to include economic or financial abuse and further by identifying dowry abuse as one example of social and economic abuse that can exist in our society.
These changes to the Family Law Act 1975 go hand in hand with the new laws passed in New South Wales making coercive control in current and former intimate relationships a criminal offence.
My former partner has gambled or negligently reduced our assets. What options are available?
The Court has always considered “wastage” caused by one party to the asset pool by virtue of intention. However, the new amendments now specifically refer to conduct by one party in the form of “negligent and reckless wastage” to property or financial resources. So for example, if your partner has gambled matrimonial funds, or otherwise acted in an intentional way to reduce your entitlements when altering property interests, this new section may be relied on by you.
These amendments are also found in Section 79(5) for married couples and Section 90SM(5) for de facto couples.
Pets – who keeps the family pet?
As solicitors, we are often asked the question about who keeps the family pet after the breakdown of a relationship. The new amendments which have come into effect make specific provision for companion animals and provide a framework for the Court to consider which party should retain the family pet after the breakdown of the relationship. The new applicable sections are Sections 79(6) and 79(7) for married couples and Sections 90SM(6) and 90SM(7) for de facto couples.
Some of things the Court will take into consideration when determining who the pet is to remain with are the following:
- The background details of how the animal was acquired;
- Who has ownership and current possession of the animal;
- Who has cared for and paid for the ongoing maintenance of the animal;
- Attachment by a party or any children of the relationship to the animal;
- Family violence, including any animal cruelty inflicted on the animal.
Duty of Disclosure
One of the first steps in any financial and property matter is to determine what comprises the “matrimonial pool” – the assets, liabilities, superannuation and financial resources of the relationship and each party. To be able to determine what the matrimonial pool available for division is, each party is required to provide disclosure of all their financial matters. Whilst a party’s obligations to disclose have always formed part of the Family Law Rules, and in particular the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, these obligations have now been codified.
Section 71B for married couples and Section 90RI for de facto couples set out each party’s obligations to provide disclosure documents throughout the course of their matter and throughout Court proceedings noting that the obligation is an ongoing one, however also set out the repercussions which can be imposed by the Court’s for failure to provide disclosure. This amendment reinforces a party’s obligations in conducting themselves honestly throughout their matter.
To view all the amendments, please refer to the Family Law (Amendment) Act 2024 or call our office to speak with one of our experienced solicitors about how the amendments impact you.
Written by Jennifer Ognenovski