Key Takeaways
- New family law changes come into effect on 10 June 2025.
- The changes focus on property division after separation and how family violence can affect outcomes.
- Companion animals, economic abuse, and financial wastage will now play a more prominent role in legal decisions.
- A clearer, more structured process will guide how courts make property orders.
- These changes aim to make outcomes fairer and more consistent for everyone involved.
Introduction: Big Changes Ahead in Family Law
If you’re going through a separation or divorce, you’re probably already dealing with enough stress as it is. Add legal jargon and outdated laws, and things can get even more confusing. Thankfully, some major changes are coming to Australian family law in June 2025, especially around how property and financial matters are handled when couples separate.
These updates come from the Family Law Amendment Act 2024 and aim to make the process simpler, fairer, and more transparent—for families and for the courts.
Whether you’re separating from a spouse or a de facto partner, these changes might affect your case. Let’s break it all down in plain English.
When Do the Changes Start?
The changes take effect on 10 June 2025 and apply to all new and existing proceedings. The only exception is if your final hearing has already commenced.
Why Are the Laws Changing?
These changes are designed to:
- Make the law easier to understand.
- Reflect modern relationships and the real-life experiences of separating couples.
- Make outcomes more predictable and fair, especially in cases involving family violence.
- Ensure courts consider the actual contributions and needs of both parties.
The “New” Current and Future Circumstances Considerations
One of the biggest updates is the introduction of four new factors for assessing the current and future circumstances of the parties, and whether any adjustments should be made to them in the overall property settlement to account for those circumstances. Here are the new items:
1. Family violence
If one person has been exposed to or subjected to family violence, the court can now consider how that violence has affected their current and future circumstances. This is a major change, as it allows for a broader view of the impact of family violence on someone’s financial and personal well-being—something that wasn’t always fully taken into account before. Read on for more information about this below.
2. Wastage
If one party has intentionally or recklessly wasted or misused property or financial resources, the court can look at how that wastage affects both parties. This could include things like spending money irresponsibly or destroying property. The goal is to make sure the waste doesn’t unfairly affect one person’s financial future.
3. Liabilities
When a couple takes on liabilities (like debts), the court will now consider the nature of those liabilities, the circumstances around them, and how they might impact each party’s financial future. If one person took on more debt than the other, or if the debt was taken on for personal reasons, the court will weigh these factors carefully.
4. Housing needs
The court can also look at the housing needs of both parties, especially if there are children under 18 involved. This helps ensure that both parents have the ability to provide a suitable home for the child, which can be a critical factor in property division after separation.
Family Violence Now Plays a Bigger Role
Family violence can have lasting financial impacts, and the new laws recognise this.
The court can now consider:
- If violence prevented someone from working or managing money
- If violence led to financial losses (e.g. damaged property or wasted savings)
- If one partner used money to control or manipulate the other (this is called economic abuse)
- If one partner has ongoing costs relating to the violence such as ongoing counselling or rehabilitation
This is a big step forward in making sure victims of family violence aren’t left at a financial disadvantage after separation.
What About the Pets?
Companion animals now get their own special mention in the law.
Under the new rules, the court can make orders about pets separate to all other property. To do so, the court will look at:
- Who has a stronger connection to the pet, including any connection a child of the relationship has with the pet
- Who can best provide for the pet’s care moving forward
- Whether there has been any actual or threatened harm to the pet in the past
However, the court still won’t be able to make orders for shared ownership or shared care.
What Does This Mean for You?
If you’re going through a separation, these changes might mean:
- A more predictable and structured process
- Better recognition of your contributions—both financial and non-financial
- More protection if you’ve experienced family violence
Do I Need a Lawyer?
While the new rules aim to make things clearer, property settlements can still be complicated. If you’re not sure where you stand or what you’re entitled to, getting legal advice is a smart move.
A good family lawyer can help you:
- Understand your rights
- Negotiate a fair outcome
- Navigate the new process
Final Thoughts
Separation is never easy, but these new laws are a step in the right direction. They’re designed to better reflect modern relationships, give courts clearer guidance, and make outcomes more fair—especially for those who have experienced hardship or abuse.
If you’re thinking about separating, or already in the process, it’s a good idea to speak to someone who understands the changes and can help you figure out the best path forward.
Need help navigating these changes? We’re here to help. At Berryman Partners, we specialise in offering clear, practical advice—and we genuinely care about helping you move forward with confidence. Book a free 15-minute, no obligation call to discuss your situation today.
This blog was written by Associate,
Jessica Benson
Jessica practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates and Will disputes
.
