Significant amendments to the Family Law Act 1975 will come into effect on 10 June 2025, impacting property settlements, financial disclosure obligations, pet custody arrangements and more. These changes will apply to all separating couples in Australia, whether their matters are resolved through the courts or via negotiation.
Understanding these reforms is essential for anyone navigating separation, divorce or financial settlement.
Key Changes Affecting Separating Couples
Consideration of Family Violence in Property Settlements
Courts will now explicitly consider the impact of family violence, including economic or financial abuse, when determining how property should be divided. This includes looking at how violence may have affected a party’s ability to contribute during the relationship and their ongoing financial security.
Codification of Financial Disclosure Obligations
The obligation for parties to provide full and frank disclosure of their financial circumstances has been elevated from court rules into the Family Law Act. This legislative change aims to improve compliance with and reduce disputes over incomplete or delayed financial information.
Framework for Determining Pet Ownership
For the first time, the Act provides a framework for determining the ownership of pets in property settlement. Courts may consider factors such as who has primary care of the animal and any history of family violence when making orders about pets.
Less Adversarial Approach in Property and Financial Matters
Courts are granted discretion to adopt a less adversarial approach in property and financial proceedings. This approach is particularly relevant in cases involving family violence, aiming to reduce the stress and complexity of legal processes for affected parties.
Regulation of Children’s Contact Services
A new regulatory framework for Children’s Contact Services (CCS) has been established. Only accredited CCS providers will be eligible for court referrals, ensuring that these services meet defined safety and quality standards.
Implementation Timeline
These changes will commence on 10 June 2025 and will apply to all new and existing proceedings, except where a final hearing has already commenced.
Seeking Legal Advice
Understanding these legislative changes is crucial for anyone navigating a separation or divorce. Tonkin Drysdale Partners offers legal advice tailored to your circumstances, ensuring compliance with the updated Family Law Act. Our team can guide you through property settlements, financial disclosures and other relevant matters under the new legal framework.
Contact the largest Family Law team on the Central Coast today: 02 4331 2355, or book your free 15 minute case call: https://tdplegal.blstaging.com.au/family-law-appointment/