Major changes to Australia’s family law took effect on 10 June 2025. As a result, these reforms change how courts look at property division, spousal maintenance and even who keeps the family pet. They also simplify parts of the divorce process. If you are separating in 2025, it is important to understand what has changed and how to prepare.
The Family Law Amendment Act 2024 reshapes the steps and factors courts must consider in property cases. In particular, it places a stronger focus on the economic impact of family violence, including economic and financial abuse. Additionally, it creates a new category for pets called companion animals, with special rules for orders about them.
Importantly, these reforms apply to most new and existing cases from 10 June 2025 unless a final hearing had already begun. This means many current matters must now be assessed under the updated framework.
Overview of the Family Law Amendment Act 2024
The Act does four big things that affect separating couples. First, it codifies the process for deciding property settlements. Next, it expands the definition of family violence to clearly recognise economic or financial abuse. It also adds new property division factors such as wastage, liabilities and the housing needs and care of children. Finally, it elevates the duty of financial disclosure from court rules into the Act itself.
In addition, the reforms remove the old limit that required people married for less than two years to get counselling or seek court permission before filing for divorce. However, you still need to be separated for at least twelve months to obtain a divorce.
Pets in Property Settlements
Pets are no longer treated the same as furniture or a car. Instead, the law now recognises them as companion animals, with a set of pet-specific considerations. Where parties cannot agree about a pet, the court must consider matters such as animal abuse, the bond between each party or children and the pet, and who can meet the animal’s day-to-day needs.
The court may order sole ownership, a transfer of ownership with consent, or sale. However, it cannot order shared or rotating possession or “custody” of a pet.
When building your case, it is therefore important to keep records showing who acquired the pet, who paid for vet care, food and registration, and who provided daily care. For example, microchip details, adoption papers, invoices, training receipts and messages about pet arrangements can all support your position if the court needs to decide ownership.
Expanded Definition of Family Violence: Economic and Financial Abuse
The Act confirms that family violence includes economic and financial abuse. In practice, this can involve:
- Controlling access to bank accounts or refusing reasonable financial autonomy
- Preventing or sabotaging a partner’s work or study
- Forcing a partner to take on debt or running up debt in a partner’s name
- Hiding assets or income and denying information about household finances
Accordingly, evidence should be collected and kept early. Useful documents include bank statements, credit reports, emails, texts about money, proof of blocked access to accounts, payroll records, super statements and any records of debts placed in your name.
Taken together, these materials help demonstrate the pattern and impact of economic abuse and may support an adjustment of the property division in your favour.
New Property Division Factors in 2025
The new family law property settlement rules set out a clearer pathway and introduce specific factors the court must weigh. Alongside each party’s financial and non-financial contributions and future needs, the court now considers:
- Wastage of assets or financial resources where conduct was intentional or reckless
For instance, this can include serious gambling losses, deliberate dissipation of funds after separation or reckless investments that were not agreed - Liabilities and the circumstances in which each debt was incurred
Here, the court may examine who incurred the debt, why it was taken out and who benefited - Care and housing needs of children
This includes practical arrangements, stability and the cost of suitable housing
As a practical step, create a full inventory of assets and liabilities. List real estate, superannuation, savings, shares, vehicles and personal items of value. Then, list mortgages, personal loans, tax debts, buy now, pay later balances and any guarantees.
By including who incurred each debt and why, your lawyer can more easily assess how the new factors may apply to your situation.
Duty of Financial Disclosure
Full and frank disclosure is no longer just a court rule. Instead, it now sits in the Family Law Act for both married and de facto couples. You must provide all relevant financial information and documents to the other party and the court from the time you are preparing to start a case and throughout the matter.
At the same time, lawyers and family dispute resolution practitioners must advise clients about this duty and the consequences of non-compliance.
If disclosure obligations are not met, the court can take this into account in the property outcome, make costs orders against a party, or, in serious cases, penalise a party for contempt or defer or dismiss parts of the case. For this reason, disclosure should be treated as an ongoing obligation rather than an afterthought.
Family Law Reforms and Divorce in 2025
From 10 June 2025, couples married for less than two years no longer need to attend counselling or seek permission from the court before filing for divorce. As a result, a key procedural barrier has been removed.
Nevertheless, the core rule remains unchanged, and you must still be separated for at least twelve months.
If you are de facto, note that the two-year time limit to start a property or maintenance case after separation still applies in most situations. Consequently, legal advice should be obtained quickly if you are close to that deadline.
Practical Steps to Prepare for Property Settlement
Use the following checklist to prepare under the June 2025 family law changes.
Build your evidence base
Start by creating a complete asset and debt list. Gather bank statements, tax returns, payslips, super statements and loan contracts for at least three years. In addition, obtain fair market valuations for real estate, vehicles and collectables.
Where necessary, engage a single expert valuer. This approach supports negotiations and helps streamline court processes under the new framework.
Document family violence and economic abuse
Keep a clear timeline and collect records that show control over money, blocked access to accounts, forced debts or interference with work. Importantly, save messages and emails and retain medical or counselling records where appropriate.
These materials assist the court in assessing the economic impact of violence on both contributions and future needs.
Organise pet care records
If a pet is in dispute, compile microchip details, vet bills, pet insurance documents, training certificates and a simple care roster showing who feeds, walks and attends vet visits.
As a result, the court can more clearly assess attachment and practical care capacity when making orders about companion animals.
Comply with disclosure early
Set up a shared folder with your lawyer and upload statements, contracts, payslips and valuations. Keep it current throughout the matter.
Early and complete disclosure reduces costs and helps avoid penalties under the strengthened duty.
Get advice early
Finally, speak with a family lawyer about the new property division factors, including wastage and liabilities, and how they apply to your circumstances.
With comprehensive advice at an early stage, costly disputes later on may be avoided.
From Separation to Strategy
The family law reforms 2025 bring clearer rules and a sharper focus on fairness. Pets are now treated as companion animals, while economic and financial abuse can directly shape property and maintenance outcomes.
In addition, new property division factors highlight wastage, liabilities and the needs of children, all underpinned by a stronger duty of disclosure.
Ultimately, early preparation makes the biggest difference. Build your financial records, document any family violence or economic abuse and maintain thorough pet care evidence where relevant.
By following the new disclosure rules and seeking advice early, you can navigate the June 2025 family law changes and work toward a fair and lasting settlement.
This article is general information only and is not legal advice.
For tailored guidance, speak with a family lawyer in Sydney and contact our team on (02) 8528 7590 or [email protected] and [email protected].