Key changes to Family Law Act from 10 June 2025
What is the Amendment Act 2024?
On 10 December 2024, the Family Law Amendment Act 2024 (“the Amendment Act”) was passed by the Australian Parliament making changes in relation to property settlement pursuant to the Family Law Act 1975 (“the Act”). These amendments will apply to new and existing proceedings, except where a final hearing has commenced.
Changes to the Property Settlement Process
Redefined Court Considerations
The Amendment Act redefines what the Federal Circuit and Family Court of Australia (“the Court”) must consider when determining a property settlement. Currently, the Court must adopt a 4-step approach when considering a property settlement as follows:
1. Identify all property and liabilities (debts) of the parties;
2. Assess each party’s contributions to the property pool, and to the welfare of the family;
3. Assess each party’s current and future circumstances (age and state of health, the care and housing needs of any children).
4. Only make orders that are, in all of the circumstances, just and equitable.
The Amendment Act codifies the principles established in Kennon & Kennon (1997), requiring the Court to consider the impact of family violence on a party’s contributions and future needs in a property settlement. The definition of “Family Violence” pursuant to section 4AB of the Act will separate existing examples of economic or financial abuse into a stand-alone provision, elaborating on unreasonably denying financial autonomy, and introducing new examples of dowry abuse.
Assessing Current and Future Circumstances
Expanded List of Relevant Factors
The Amendment Act includes a list of factors the Court will take into account when assessing a party’s current and future circumstances as follows:
a. Family violence: the economic effect on parties subjected or exposed to family violence may be considered, adopting a broader consideration of family violence than provided for previously in the case law.
b. Wastage: the Court may consider where a party intentionally or recklessly caused any material wastage of property or financial resources.
c. Liabilities: the Court may take into account the nature of liabilities incurred by a party, the circumstances surrounding them.
d. Housing needs: broadens the existing consideration related to the care of a child under 18, enabling the Court to take into account the need of either party to provide suitable housing for a child/children.
Family Violence and Spousal Maintenance
The Amendment Act will include family violence in the list of factors the Court may consider when making an order for spousal maintenance. The Court will consider the economic impact for a party exposed to or subjected to family violence.
New Legal Definition: Companion Animal
Differentiating companion animals from other property
Currently, animals owned by parties to a relationship are dealt with as property under the Act. The Amendment Act adds provisions for companion animals, separating them from other property.
The Amendment Act introduces a new legal definition: Companion Animal. A companion animal is defined 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.
Under the Amendment Act, the Court can make interim and final orders in relation to companion animals, including:
1. That one party have sole ownership of a companion animal;
2. That a companion animal be transferred to another person;
3. Ordering the animal be sold.
Note: The Court does not have power to make an order for shared ownership or care.
When making Orders in relation to companion animals, the Court may consider:
1. Any history of actual or threatened abuse towards a companion animal;
2. Any attachment by a party or a child of the relationship to the companion animal; and
3. The capacity of each party to care for the companion animal in the future.
If you have any questions about how the Family Law Amendment Act 2024 may affect you or your current proceedings, our experienced team is here to help.
If you would like any assistance with your family law matter, Dorter Family Lawyers and Mediators are expert family lawyers who specialise in all areas of family law and can assist. Please contact us here or by phone on (02) 9929 8840.
