From June 2025, important changes to property matters under the Family Law Act 1975 (Cth) will come into effect, following the passage of the Family Law Amendment Act 2024 (Cth). While much of the public attention has focused on the parenting law reforms, it’s important not to overlook the amendments affecting property settlement proceedings. These changes aim to improve clarity, consistency, and efficiency in property matters for both legal practitioners and those navigating the family law system.
Here’s a practical overview of what’s changing.
Key Property Law Changes from 10 June 2025
The Family Law Act will include changes to the law about:
- How the court will determine a property settlement; and
- What the court will give consideration to when determining a property settlement, including the effect of family violence, where relevant.
Updated Definition of ‘De Facto Relationship’
The amendments refine the definition of a de facto relationship, particularly around circumstances where parties maintain separate residences.
Why it matters: It provides clearer guidance for clients in situations where the existence of a de facto relationship — and eligibility for property orders — may be contested.
Enhanced Disclosure Obligations
The duty of disclosure applies to all separating couples and is now part of the Family Law Act, rather than in the Federal Circuit and Family Court of Australia (Family Law) Rules.
Why it matters: Stronger legislative backing for disclosure may improve compliance and reduce delays caused by disputes over incomplete or late financial information.
Family Violence
The court is now required to consider the effect of any family violence to which one party of a marriage subjected or exposed the other party to, when considering spousal maintenance and the ability of a party to make contributions.
Consideration is also given to the effect of family violence on the current and future circumstances of a party.
Other Considerations
A court is to give consideration to any wastage by a party, either intentionally or recklessly and any liabilities incurred by either of the parties.
Companion Animals
Orders can be made by the court in respect to companion animals:
- That only one party have ownership of the animal; or
- That the animal be transferred; or
- The animal be sold.
The court is not able to make orders for shared care or shared time.
Encouragement of Dispute Resolution
The court will have an increased focus on whether parties have meaningfully engaged in dispute resolution and may impose costs consequences for non-compliance.
Why it matters: Reinforces the importance of negotiation and alternative dispute resolution, potentially saving parties time, money, and stress.
Need Advice?
If you’re involved in a property dispute following separation, feel free to contact our family law team for tailored advice.
