Recent Family Law (property) Changes for Separated Couples

Family law has recently changed on 10 June 2025. These changes have impacted separated couples who are trying to decide what happens to their money and property after separation. This is known as a ‘property settlement’. This information will help separated couples better understand how these changes operate and contains general information only and is not intended to represent legal advice.

Relevant of family violence to property settlements

From 10 June 2025 the Family Law Act (1975) includes changes to the law about what the Courts will consider when determining a property settlement. This includes the economic effect of any family violence. Family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. It often involves a pattern of behaviour that causes fear. This might include where a person has controls all of the finances or spending.
The economic or financial effect of family violence could be considered relevant when making decisions about children, money and property after separation. Its impact could be relevant when assessing contributions made by either of you to the property pool and to the welfare of the family, and when assessing your current and future circumstances. The family law courts are not permitted to: • Sentence someone for engaging in family violence conduct. Prosecutions for family violence offences are made in state and territory criminal courts • Order compensation for hard caused by family violence. Compensation may be available under a Victims of Crime Compensation Scheme, or under an order from a state or territory civil court • make a family violence order to protect someone from family violence, or change existing orders made by state or territory courts to protect someone from family violence. Orders for protection again family violence are made or amended by state or territory courts.

Companion animals in family law property settlements

Under the Family Law Act 1975, animals owned by you and your former partner are treated as property. Separated couples can agree to decide for what happens to their companion animals (family pets) without going to Court. This is usually what happens. However, if couples cannot agree then the Courts can now make orders about a family pet that meets the definition of companion animal, including orders made by consent between you. What is a Companion Animal? The Family Law Amendment Act 2024 (Cth) defines a companion animal as an animal kept primarily for companionship. It does not include an assistance animal, or an animal kept as part of a business, for agricultural purposes or for use in laboratory tests or experiments. An animal that is kept for more than one purpose would be excluded from the definition of a companion animal (for example, a sheep dog that is a source of companionship but also used to herd sheep as part of operating a farm). The Courts can order that one party have sole ownership of a companion animal, that is be transferred to another person with their consent, or that it be sold. The court cannot make orders for shared/joint ownership or arrangement for sharing possession of family pets.

Duty of financial disclosure

Separated couples have a duty to give all relevant financial information and documents to one another and the court. From 10 June 2025, this duty is stated in the Family Law Act 1975. This duty applies to all disputes about finances and property that arise after separation. It is an ongoing duty, which means separating couples must provide all relevant information when trying to resolve your money and property. There are consequences if you of your former partner do not do this: For example, the family law courts may: • take non-compliance into account in a property settlement • impose costs orders • punish a party for contempt of court with a fine or imprisonment; or • defer or dismiss all or part of the proceedings.

People Already in Court

Existing financial or property orders do not change because of the changes. People with existing orders should continue to follow these orders. These changes apply to all new and existing Applications in Court. Even if an application was filed before 10 June 2025. People who are already in court and do not have a lawyer should call their free local Legal Helpline.