您需要了解的即将出台的家庭法变更

In this article, we’re highlighting some of the key changes and how they could impact you.

These changes will affect people who have an existing property matter before the Family Law court (unless a final hearing has commenced) or those starting new proceedings.

Importantly, the changes will apply to you even if you’ve filed your property settlement application before 10 June. You should seek legal advice if you have a matter currently before the court.

If you have existing property settlement court orders – there’s no need to do anything – current orders are not affected by these changes.

Economic abuse added to the Family Law Act’s definition of “family violence”

家庭暴力 includes a range of physical and non-physical forms of abuse that cause harm through fear and intimidation. The new laws recognise economic or financial abuse as a form of family violence.

Some examples of economic abuse may include:

• Unreasonably limiting or not allowing someone to earn money
• Spending joint money without permission
• Forcing someone to take out a credit card or loan in their name
• Taking money out of someone’s superannuation
• Creating debt in someone else’s name
• Refusing to work or contribute to the household income

Considering the impact of family violence

With this updated definition in mind, the court will consider the effects of family violence and economic abuse when deciding how to divide assets and debts as part of a property settlement.

In addition to the existing financial and non-financial contributions and considerations, the court may also consider how the use of family violence by one party on the other, may have affected or limited someone’s ability to:

• Earn an income
• Contribute to the household or property pool
• Develop their current or future financial circumstances, such as the need to access medical, counselling or other professional support.

These laws don’t mean that the Family Law court will prosecute or determine whether someone has used family violence, nor will they make orders for financial compensation. Victim-survivors also won’t be able to seek protection orders through the Family Law court – they will still need to do this separately through the police and local state courts.

Importantly, even before the new Amendment Act, the court had the option to consider the effects of violence in relation to property settlements, however it wasn’t expressly included within the legislation.

Reckless or intentional wastage of money

As well as the economic effects of family violence, the courts may also take into account whether someone has been reckless or intentionally wasted money or assets of the relationship.

This could include spending excessive amounts of money on gambling or illicit substances, or related to the value of properties, such as selling or renting a house for under the market value.

Like the changes to family violence, courts were already thinking about these factors in previous property law cases, but they are now formally included in the legislation.

Separating if married for less than two years

Prior to these amendments, if a married couple had been married for less than two years and wanted to apply for a divorce, they first needed to attend counselling and obtain a certificate demonstrating they accessed professional support to consider the possibility of reconciliation.

The changes to divorce laws will no longer require this certificate to be provided.

Duty to make full financial disclosure in property settlement

This duty to make full and frank disclosure was already set out in the Federal Circuit and Family Court Rules but will now be added to the Family Law Act to reinforce the importance of disclosure as part of property settlement decisions.

Former partners have a duty to disclose all of their relevant financial information and documents to each other and to the court both before and throughout court proceedings.

There are serious consequences if a court finds out that a person did not comply with this obligation including heavy fines or jail for contempt of court, or the court may take non-compliance into account as part of the property settlement outcomes.

This article is not intended as legal advice. It is a summary of some of the key changes taking place from 10 June 2025. If you want to know more, we encourage you to take a look at the Attorney-General Department’s website and fact sheets.

You should also talk to a legal practitioner for advice if you have a matter before the Family Law court at the moment or in the future that may be impacted by any of the above changes.