On 10 June 2025, the most significant changes to Australian property settlement law in decades came into effect. The Family Law Amendment Act 2024 rewrote how the Federal Circuit and Family Court approaches the division of property after separation. If you separated recently, or you are negotiating a settlement now, these changes apply to you, whether or not your matter ever goes to court.
What changed on 10 June 2025
The property framework is now written into the Act. The court’s approach, identifying the property pool, assessing contributions, considering each party’s current and future circumstances, and checking the result is just and equitable, was previously built up through case law. It is now codified, making the process more transparent for separating couples.
Family violence can now be considered in property settlements. The court can take into account the effect of family violence on a party’s ability to make financial and non-financial contributions, and its effect on their current and future circumstances, for example ongoing counselling or rehabilitation costs. This is a major shift for survivors whose capacity to work or contribute was undermined by a violent partner.
Financial abuse is expressly recognised as family violence. The Act now spells out examples of economic abuse, including controlling or restricting a partner’s access to money or bank accounts, running up debt in a partner’s name without consent, concealing assets to gain an advantage in settlement negotiations, sabotaging a partner’s employment, and dowry abuse.
The duty of disclosure is now in the Act. Both parties must give full and frank disclosure of their financial position from the outset of a property matter, including in negotiations outside court. Hiding assets has always been a bad idea; the amendments make the obligation harder to miss and easier to enforce.
Pets have their own rules. The court can now make specific orders about companion animals, considering factors such as who has cared for the animal, any family violence, and the relationship of children with the pet.
What this means if you are separating now
If family violence or financial control was part of your relationship, its economic consequences are now squarely relevant to how property is divided. Records matter: financial statements, medical records and messages can all help establish the picture. Equally, if you are on the other side of such an allegation, early advice is critical because these issues are now argued in property proceedings, not just parenting ones.
Because the changes are recent, much of the guidance published online before mid-2025 is out of date. Be careful relying on older articles, calculators or advice from friends whose settlements predate the amendments.
Frequently asked questions
Do the changes apply to my settlement if we separated before June 2025?
The amendments apply to new and existing matters from 10 June 2025, except where a final hearing had already begun. For most people negotiating now, the new law applies regardless of when they separated.
Does family violence automatically mean a bigger share?
No. There is no automatic adjustment. The court considers the effect of the violence on contributions and future needs as part of the overall analysis, where it is relevant and supported by evidence.
We are negotiating privately. Do these rules still matter?
Yes. The codified framework and disclosure duty apply to all separating couples, including those who settle by agreement. Any fair negotiation happens against the backdrop of what a court would order.
Advice that reflects the current law
Garrison Lawyers has over 25 years of family law experience and specialises in complex property matters, including those involving family violence and coercive control. A one-off 90-minute consultation gives you a clear assessment of your position under the current law, and what the 2025 changes mean for your settlement. Book through our consultations page or call (02) 4210 9288. We work with clients across Wollongong, Lake Heights, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.