The Australian family law landscape has undergone a second significant change as of 10 June 2025, with the second tranche of sweeping amendments to the Family Law Act 1975 (Cth) now in effect.

Following reforms to parenting legislation which commenced on 6 May 2024, these latest reforms are designed to better protect vulnerable individuals, promote safer outcomes for families, and improve access to justice—especially for those affected by family violence, financial abuse, and dealing with complex property disputes.

At Parker Coles Curtis, our team has reviewed and summarised the key changes to help you stay informed and empowered about how these changes may affect you. Whether you’re a client navigating separation or a professional referring clients to us, these updates could have a direct impact.

Economic abuse now clearly recognised as family violence

The Family Law Amendment Act updates the previous definition of family violence to explicitly recognise economic or financial abuse as a form family violence.

Key changes include:

• A separate section for economic abuse examples.
• Expanded examples of denying financial independence.
• New examples of dowry abuse.

For separating couples and legal professionals, this means financial control is now undeniably a recognised form of family violence, allowing the legal system to better identify, protect and prevent family violence.

Determining property settlement updates

The amendment codifies the Court’s four-step approach to property settlement (asset pool, contributions, future needs, just and equitable outcome) and includes current and future considerations like family violence, wastage, liabilities and housing need.

The amendments are a significant step forward in recognising the nuances of modern relationships in property division context.

Family violence now a key factor in property settlements

From 10 June 2025, a major shift in the Family Law Act will make the effects of family violence a mandatory consideration when dividing property after separation.

Under new section 79(5), the Court must assess how family violence has impacted a party’s contributions, but also how it may impact upon a party’s current and future circumstances.

Family violence recognised in property contributions

In a crucial shift, section 79(4) of the Family Law Act now requires the Court to consider the effect of family violence on a party’s ability to contribute during a relationship — including financially but also in homemaking and parenting roles.

With financial abuse also now recognised under the Act, the law better reflects the lived experiences of many and ensures contributions are evaluated with understanding and recognition of this relationship dynamic.

This change, to recognise family violence in the assessment of property division matters, expands on the previous Kennon case principle. That 1997 case considered family violence which had had an effect on a party to the relationship, and where that party’s contributions were made more arduous due to the family violence perpetrated by their spouse.

Lawyers and clients alike will be watching closely as the courts begin to apply this broadened framework.

Spousal maintenance now accounts for family violence

As of 10 June 2025, courts must consider the impact of family violence — including financial and economic abuse — when deciding spousal maintenance. Under new section 75(2)(aa), the law acknowledges that victim-survivors may face greater barriers to financial independence after separation.

This change aims to ensure victims are better supported in rebuilding their lives.

Changes to pets in family law – effective 10 June 2025

Companion animals will now be considered as a distinct type of property, recognising their emotional significance. The Court will no longer treat pets the same as a car or a television set but rather give them and they connection they have to their owners, more thoughtful consideration during property settlements.

These changes reflect a more modern and compassionate approach to separation and family breakdown.

What must be shared about money and property

Now, separating couples are legally required to give each other – and the Court – all relevant financial information and documents about their situation. This includes things like bank statements, tax returns, ownership documents, evidence of debts, and any other financial details that are material in a financial separation.

This duty starts as soon as someone is getting ready to go to Court, known as the ‘pre-action’ stage, and it continues until everything is resolved or the Court makes a determination of the case.

Divorce applications are changing – what you need to know from 10 June 2025

From 10 June 2025, applying for divorce will become simpler and more accessible under the amended Family Law Act 1975. Two major changes include:

• No more mandatory counselling for marriages under 2 years — even if there are no issues of family violence.
• No court attendance required for sole divorce applicants with children under 18, as long as the respondent consents to a non-appearance.

The 12-month separation rule still applies, but these changes remove key barriers for many. For guidance on your application, speak to our family law team today.

Protecting confidential conversations in family law

Now certain private conversations will be protected from being used as evidence if sharing them could cause harm.

These ‘protected confidences’ include information and discussions had with medical and health providers including counsellors and psychologists, family violence or sexual violence support services.

The Court can refuse or limit this protected confidence information being made available in the proceedings if it might hurt a party or child, balancing the possibility of harm against the need for evidence, and prioritising the child’s best interests.

These amendments are designed to helps keep sensitive information safe, while ensuring the Court has access to necessary information upon which to make decisions about children.

Tougher rules on parenting applications without mediation

From 10 June 2025, new changes to section 60I of the Family Law Act cement the requirement on parents to take steps out of court, before filing a parenting application. A new version of the Section 60I Certificate was rolled out on 1 April 2025 with clearer wording. It can now be issued to an individual who requests it, rather than to the couple who are in dispute.

As before, parenting applications are not accepted by the Court unless parties provided a Section 60I Certificate or otherwise qualified for a listed exemption (like there being family violence or urgency or a risk to a child). A Registrar will decide whether the exemptions apply — and these reforms now facilitate a review of their decision.

This aims to ensure families attempt genuine resolution before heading to Court but also allow an avenue to streamline Court processes and ensure Court intervention is available in certain situations.

Family law costs orders updated – but unchanged in practice

While cost-related sections of the Family Law Act have been renumbered from section 117 to sections 114UA–UE, the underlying rules haven’t changed. The Court still has broad discretion to order legal costs be paid in certain situations, including matters involving Independent Children’s Lawyers. The update simply adds clarity and integrates prior court rules directly into the Act.

It’s a structural tidy-up, not a major shake-up — but important for practitioners and parties to know where to look.

As these changes take effect, it’s more important than ever to understand your rights, responsibilities, and the new processes in place. Whether you're going through a separation, supporting someone who is, or working in a professional role that intersects with family law, staying informed is key.

At Parker Coles Curtis, we’re here to help you navigate this new legal landscape with clarity and confidence. If you have questions about how the reforms affect your situation, we’re ready to give you information and support.