FAMILY LAW CHANGES ARE COMING…

From June 2025, there are some changes coming to family law provisions across the country - here’s what you need to know.

The Family Law Amendment Act 2024 makes changes to the Family Law Act 1975, which affects some elements of family law, particularly the financial & property aspects of relationship breakdown.

Here’s some key changes you need to know:

Economic/financial abuse

The law now more clearly recognises economic/financial abuse as a form of family violence. This includes expanding what is considered to be “unreasonably denying financial autonomy,” along with new examples of dowry abuse.

New rules around determining property settlements

The new laws clarify the process for determining a property settlement.

In a nutshell, the court must consider whether it is just & equitable to make any order adjusting the parties’ property interests. Additionally, the court is not required to make an order, and will only do so if it is satisfied that it would be just & equitable. 

The decision-making process involves the following steps:

• Identify each party’s legal & equitable rights & interests in any property & their liabilities. Consider what each party contributed to the relationship before, during & after the relationship.

• The court will then allocate an overall percentage entitlement to each party, based on those contributions.

• Consider the parties’ current & future circumstances.

• Determine the final overall percentage split for dividing the property. Court orders will allocate specific property, finances & liabilities to the parties to implement this split.

New considerations in property proceedings

Family violence is now included in the list of things the court can consider when assessing contributions in property proceedings. Where relevant, the court will consider the effect of family violence to which one party has been subjected on their ability to make contributions.

The court can also now consider wastage (where a party intentionally or recklessly caused any material wastage of property/financial resources), liabilities & the need to provide housing for children in property proceedings.

Spousal maintenance

Family violence is also now considered when assessing what orders may be proper for spousal maintenance.

Elevated duty of disclosure

The new laws elevate the duty of disclosure in financial or property matters. Separating couples have a duty to give all relevant financial information and documents to each other & the court.

How do we help?

We’re here to help you navigate the complexities of family law. Contact the team at Sally Callander Law for expert, honest & friendly advice.