On 10 June 2025, the Family Law Amendment Act 2024 came into effect. The
amendments updated how property, finances and pets are handled after a separation.
This article aims to outline some of the changes and detail how the amendments impact
potential litigants. The key changes are as follows:
The property division decision process
New change:
The legislation now contains a clear outline of the step-by-step process taken by the
Courts in deciding property matters.
Why this matters:
Previously, this process was outlined in case law and was not easily accessible for people
who are not lawyers. By inserting the process directly into the legislation, potential litigants
now have a clearer understanding of the approach taken by the Court in an easy to access
format.
The impact of family violence
New change:
Family violence is now a specific and relevant consideration in determining the division of
property and assets. Additionally, financial abuse is captured within the definition of family
violence. This includes dowry abuse.
Why this matters:
This amendment recognises the impact that family violence can have on a party. This
involves all facets of family violence, and could include (but are not limited to)
circumstances where one party has:
• Been forced to stop working.
• Had their finances controlled.
• Been coerced into debts.
Under the change, the Courts now must consider any circumstances that has left a party
disadvantaged.
Financial disclosure
New change:
There is now a specific obligation inserted into the Family Law Act which deals with
disclosure of documents and information in Family Law matters.
Why this matters:
Full transparency is required to obtain a fair property settlement. This could be relevant
where one party has hidden or disposed of property or assets, which may then result in
them gaining an unfair advantage.
The amendments specifically place an obligation on both parties to make full disclosure
of their financial situation. Failure to comply with the obligation could result in penalties.
The future circumstances of both parties
New change:
There has been a re-structuring of the future circumstances consideration of a party when
determining a property division.
Why this matters:
This is relevant where one party will have a need for a greater property settlement due to
their circumstances, such as future housing needs, employment status or liabilities. If a
party is financially disadvantaged by their current or future circumstances, the new
restructuring may allow for more consideration to that party’s specific circumstances.
Court processes
New change:
There have been additional reforms to case management, processes and procedures
undertaken by the Court.
Notably, the Courts now have scope to undertake a less adversarial process during final
hearings. For example, where there are allegations of family violence and there is
sensitive evidence being presented to the Court.
It is important to note that this approach does not automatically apply to every matter, and
is undertaken on a case-by-case basis.
Why this matters:
Generally speaking, the reforms are intended to streamline processes and make the Court
system more functional and easier to navigate.
In matters involving family violence, instead of the usual adversarial process, a Judge can
now take a more active role during trial and can guide the process, with a focus on
cooperation instead of confrontation. Whether this approach is appropriate is dependent
on the facts of a matter.
Pets
New change:
Pets are now officially recognised as ‘companion animals’ and the amendments provide
a new framework for determining ownership of a pet following a separation.
Why this matters
Previously, pets were considered as a piece of property or ‘chattel’ which could make up
a component of a property settlement during a separation or divorce
Under the new amendments, the Courts may assign sole ownership of a companion
animal to one party, order a transfer of ownership to another consenting person, or, if
needed, order that an animal be sold.
This is a change which reflects the broader societal views towards pets – that is, they are
valued companions who are deserving of consideration.
What does this mean for potential litigants?
Broadly speaking, the amendments can allow for:
• Fairer outcomes in property settlements, specifically in the requirement for the Courts
to consider economic abuse, family violence and future housing needs.
• More protection for victims of family violence.
• The recognition of pets as ‘companion animals’, and not just as another ‘asset’ of a
property settlement.
• Increased transparency between litigants in financial matters.
• More streamlined processes to allow for reduced conflict and stress.
It can be said that the amendments may make the Family Law system more accessible
and easier to navigate for normal, everyday Australians.
If you would like to know more about these changes, the Court has published a fact sheet
at the following link:
https://www.fcfcoa.gov.au/news-and-media-centre/fla-changes/fla2024
Next Steps
If you or someone you know wants more information or needs help or advice with their
family law matter, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.