Starting 10 June 2025, Big changes are coming to the Family Law Act 1975 (“the Act”) in Australia. Here’s how they might affect your separation, divorce, property settlement, or parenting arrangements.

1. Divorce Process Simplified

If you’re filing for divorce by yourself and your ex-partner doesn’t fight it, you no longer need to appear in Court, even if you have children together. This streamlines the process and reduces stress for many families.

Also, if you’ve been married for less than 2 years, you no longer need to get a counselling certificate.

Relevant sections: s 44(1B) repealed, s44(1C) repealed, s98A(1)(b), 98A(2A).

2. Family Violence in Determining Financial Matters

The Court is now legislatively required to consider the effect of family violence in determining the division of property and spousal maintenance following the breakdown of a relationship. The Court will consider how violence affected each party’s ability to contribute. The Act expressly captures ‘economic or financial abuse’ within the definition of family violence and identifies dowry abuse as an example of conduct that might constitute economic or financial abuse.

Relevant sections: s4AB(g), s4AB(2), s75(2)(aa), s79(4)(ca), s79(5), s79(7), s90SF(3)(aa),s 90SF(4)(ca), s90SM(5), s90SM(7), s90YZD(4)(ca), s90YZD(4)(e).

3. Process For Determining A Property Settlement

When considering a property matter, the family law courts must:

• identify all property and liabilities (debts) of the parties;
• assess each party’s contributions (financial, non-financial, and family welfare contributions) to the property pool;
• assess each party’s current and future circumstances (such as, each party’s age and state of health, the care and housing needs of any children, earning capacity, whether someone wasted money deliberately, and how domestic violence affects earning capacity.); and
• only make orders that are, in all of the circumstances, just and equitable.

Relevant sections: s 79(2), s 79(3), s 79(4), s 79(5), s 90SM(2), s 90SM(3), s 90SM(4), s 90SM(5)

4. Companion Animals

The family law courts can only make certain types of orders about family pets, either on an interim or final basis:

• who has ownership of the companion animal;
• whether the animal should be transferred; or
• if the animal needs to be sold.

When making such orders, the Court will consider any animal abuse, including threatening behaviour, as a form of family violence, the attachment of each party or children of the relationship to the family pets and demonstrated care ability.

However, there are no “shared custody” arrangements for pets. The family law courts cannot make orders for joint ownership or arrangements for sharing possession of family pets.

Relevant sections: s 79(6), s 79(7), s 90SM(6), s 90SM(7).

5. Duty of Financial Disclosure

From 10 June 2025, the duty of disclosure is in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules.

• The nature of the duty is the same – both parties must provide complete and honest disclosure of their financial circumstances.
• The duty applies to all disputes about finances and property that arise following separation – the duty of disclosure starts before you commence proceedings and continues until your case is finished.

Trying to hide assets is now even riskier than before, with stronger legal consequences for non-compliance:

• take non-compliance into account in a property settlement;
• impose sanctions, such as costs orders;
• punish a party for contempt of Court with a fine or imprisonment, or
• defer or dismiss all or part of the proceedings.

Relevant sections: s71B, s90RI, s 90YJA.

6. Confidential Information

The Amendment Act enhances safeguards for sensitive information in family law proceedings. If you’ve spoken to counsellors, psychologists, or domestic violence support services, these conversations get special protection through new ‘protected confidence’ provisions.

The Court has enhanced discretionary powers to prevent this private information from being used against you, making it safer to seek help when you need it.

Relevant sections: s 102BA, s 102BB, s 102BC, s 102BD, s 102BE, s 102BF.

7. Children’s Contact Services (CCS)

New regulations will govern professional children’s contact services, ensuring proper accreditation and safety standards for supervised visits and child handovers. Family courts will be restricted to ordering time at CCS that are accredited under the new Accreditation Scheme established by the Attorney-General’s Department. This means that CCS not meeting the accreditation standards will no longer be eligible for court referrals.

Relevant sections: s 10KB-10KI, s 13C(1A)

8. section 60I Certificate

A Section 60I certificate is a required document for separating parents who want to apply for parenting orders in court. The purpose of this certificate is to require parents to make a genuine effort to try to resolve parenting disputes through Family Dispute Resolution (FDR) before seeking court intervention.

A registrar can now decide whether an exemption to filing a section 60I certificate exists, and such decisions can be reviewed.

Relevant sections: s 60I(7)-(12).

9. Enhanced Court Procedures

Courts now have greater flexibility to use less adversarial approaches in property and financial matters, particularly where family violence is involved. The exception to rules of evidence that previously applied only in parenting matters can now extend to property applications by consent or court order.

This means potentially less stressful and more efficient proceedings for families dealing with property settlements.

Relevant sections: s 102ND, s 102NL.

10. Expanded Arbitration Options

More family law matters can now be resolved through arbitration by consent, including all financial applications between married couples and de facto partners, superannuation matters, and third-party claims. This provides families with more options for resolving disputes outside the court system.

Relevant sections: s 13E(1), s 13E(1A), s 13F.

The Federal Circuit and Family Court has updated several forms you might need to use:

Child support

Child support is generally dealt with separately to a family law property settlement. Services Australia administers child support in Australia. They can be contacted on 131 272.

Court Forms Are Also Changing

The Federal Circuit and Family Court has updated several forms you might need to use. Make sure you’re using the current versions – old forms might be rejected. You can find the latest forms and updates on the Federal Circuit and Family Court website.

What Should You Do Now?

If your case is already in the court, talk to your lawyer about whether these changes help or hurt your position.

Every family situation is different. These changes will affect people differently depending on their circumstances.

Need help understanding how these changes affect you? Our family lawyers are here to explain your options in plain language. Contact us for a confidential consultation.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. You should consult with a qualified legal professional for advice tailored to your specific situation. We are not responsible for any actions taken or decisions made based on the information in this article.

This article was written by Stephy Wang.