Changes to the Family Law Act as at 10 June 2025

The Impact of Family Violence in Family Law and How Family Pets Are Dealt With.

In 2024 legislation was passed to make changes to the Family Law Act 1975. These changes came into effect on 10 June 2025. The new provisions provide clarification and expand on definitions and considerations that the Court can take into account when making an order altering property interests. There were multiple key provisions changes that may affect you in your property settlement, some of which are as follows:

Economic and Financial Abuse:

The definition of economic and financial abuse was expanded to include some examples of actions that constitute this type of abuse. The law now recognises the following actions as economic and financial abuse:

• forcibly controlling money or assets, including superannuation
• negatively interfering with income or employment
• forcibly incurring debt or legal liability in another person’s name, including where the person has no knowledge of it occurring
• unreasonably withholding financial support to allow the other person to meet their living expenses, including where they are or were a financial dependent
• coercing a person into providing money, doing things or agreeing to things including a dowry or actions associated with a practice of dowry
• denying actions undertaken or agreements, receipt of money or of assets in connection with a dowry

The Effect of Family Violence in Property Settlement Proceedings:

The Court is now required by legislation under ss79(4) and (5) and 90SM(4) and (5) to consider the effect of family violence in property proceedings. The definition of which is outlined in s4AB and includes any violent, threatening or other behaviour that coerces, controls, or causes fear in another person, including the expanded definition of economic and financial abuse discussed above.

The result of these changes ensures that the Court recognises and takes into consideration the effect of family violence when assessing the contributions that a person who has been experiencing family violence has made. The Court has the power, depending on specific circumstances relevant to the matter, to consider the effect of any family violence upon a party’s financial, non-financial or homemaker and parenting contributions when altering their interests in property. This concept was previously recognised by common law, in the case of Kennon v Kennon 1997 and has been expanded upon and included in the Family Law Act to mandate the Court’s assessment of family violence instead of it being an argument raised on the behalf of the affected person.

Companion Animals Including Pets:

The law has been amended to provide the Court with the power to made decisions regarding a companion animal, including pets. The Court is now able to determine which party is to have ownership of the family pet, or make orders to have ownership transferred or the sale of the animal. The considerations that the Court are to consider when making any Orders for companion animals are:

• how the animal was acquired
• who has ownership or possession of the animal
• who cared for a paid for maintenance of the animals
• any family violence committed by a party
• any cruelty or abuse towards the animal
• emotional connection, including any children’s attachment to the animal
• ability to care for the animal
• any other fact or circumstances the Court finds relevant

New Principles for Child Related Proceedings, Property Proceedings and Other Proceedings:

Section 102NE sets out general principles for the Court to follow especially when conducting child related proceedings and in property or other proceedings. These principles are:

1. That a child’s needs are to be considered, along with the impact that the proceedings may have on the child when determining the conduct of the proceedings
2. That the case management of the proceedings are conducted by the Court, including directions, control and management
3. That the proceeds are conducted in such a way that will safeguard any children and the parties against family violence
4. That proceedings must promote cooperation and child focused parenting
5. That proceedings are to be conducted without undue delay, minimising formalities, legal technicalities and form to the extent that it is possible.

Some of the principles in s102NE specifically relating to children do not apply to property and other non-child related proceedings.

Duties of the Court in Child Related Proceedings, Property Proceedings and Other Proceedings:

The legislative amendments has imposed duties upon the Court, including mandating asking the parties if they have been or are at risk of being subjected to family violence, or if any children involved in the proceedings are at risk. The Court has the power to decide whether any issues warrant full investigation, the order in which issues are to be determined, give directions about the timing and steps that the parties must follow, encourage family dispute resolution where appropriate, and other duties under s102NH of the Family Law Act.

The legislative amendments have strengthened the Court’s ability to recognise the extent to which family violence affects the parties and any children involved in the proceedings, and emphasises the Court’s role to minimise any future family violence occurring. This is a significant step towards recognising the prevalence and detriment of family violence within interpersonal relationships and ensures that the Court acts accordingly.

Disclaimer:

This article provides general information about family law and should not be considered legal advice. The content is for informational purposes only and does not take into account your specific circumstances. You should not act or rely on the information provided here without first obtaining professional legal advice specific to your situation from a qualified lawyer. If you wish to discuss your circumstances with us, contact our Family Lawyers, Simon Caldwell or Thomas Marsden.