Family law is getting a shake-up, with changes to the Family Law Act 1975 (Cth) coming into effect on 10 June 2025. These changes aim to simplify the system and protect those going through a divorce or separation.
So, what is changing, and what does it mean for families navigating separation and divorce? This article will explore the key areas of change, so you know what to expect from 10 June 2025.
Property Framework
The 4-Step Approach
The amendments to the Family Law Act sees an organisation of the 4-step rule followed in property settlement matters into legislation. The 4-step approach has long been adopted by the Courts and Family Lawyers, which includes calculating the net asset pool, considering the contributions of each party throughout the relationship, determining if either party has any current or future needs requiring an adjustment, and finally considering whether the outcome is just and equitable.
However, despite being a core process, this approach was only found in case law. These amendments now see the 4-step process reflected in section 79(3) (90SM for De Facto relationships) of the Family Law Act. This not only codifies a long-standing process but makes navigating the family law system easier for people going through a divorce or separation.
Consideration of Family Violence
The amendments also sees changes to the contribution and future needs considerations in section 79(4) and the new section 79(5) (s90SM(4) and (5) for de facto relationships). Importantly, the amendments mean the Court must consider the effect of domestic violence on each party’s contributions, as well as their current and future circumstances.
This provides the Court with a broad discretion to consider the effect of any family violence on a party’s ability to make contributions during the relationship in recognition of the prevalence and economic impacts of family violence.
The Duty of Disclosure
The duty of disclosure is one of the central pillars of family law. However, until now it was only included in the Federal Circuit and Family Court (Family Law) Rules 2021. From 10 June 2025, this will change so the duty of disclosure is enshrined in the Family Law Act.
This change aims to provide clarity and promote compliance with the ongoing and active duty of financial disclosure, and on practitioners to provide information about the duty and consequences for not complying.
Companion Pets
Finally, the legislation now also included reference to companion pets. This will allow the Court to make orders about the ownership of a companion animal, however, does not allow the Court to make orders for the sharing of a companion animal.
Divorce
Another major area undergoing change is the process for divorce. Previously, where a sole application for divorce was filed and there were children under the age of 18, the applicant needed to attend a divorce hearing before a Registrar.
After 10 June 2025, this requirement is removed, so attendance is not required unless directed by the Court or if the respondent files a response objecting the divorce order. Furthermore, from 10 June 2025, parties seeking to file for divorce who have been married for less than 2 years will not be required to first undergo counselling.
Contact us today
Separation is an emotional journey, and we understanding that changes to the legislation can be challenging and may cause further confusion about where you stand. If you are unsure how these changes affect you, or you want expert advice, our team is here to help.