Australia has recently made notable changes to its family law, especially in how domestic and family violence is legally recognised and dealt with, as part of reforms to the Family Law Act 1975. These changes took effect in mid-2025 and represent some of the most significant updates to Australian family law in years.
Family Violence Considered in Property Settlements
For the first time, family violence (including economic/financial abuse) must be explicitly taken into account when courts decide on how property is divided after separation. This means courts will consider:
- whether one partner controlled finances or access to money,
- how abuse limited a partner’s ability to contribute,
- and its impact on future circumstances.
These legislative amendments aim to ensure fairer settlements where abuse has contributed to financial disadvantage, which previously was rarely factored into property splitting.
Broader Definition of Domestic and Family Violence
The law now explicitly recognises various forms of abusive behaviour — beyond physical violence — including economic or financial abuse (like controlling bank accounts, forcing debt, limiting employment opportunities, etc.). Courts must consider these behaviours as part of the family violence picture if relevant to financial or property matters.
Pets Are Considered in Family Law Matters
Under the changes, companion animals (pets) are recognised as more than simply property. When couples can’t agree, courts can now make orders about pets and must consider family violence linked to pets — such as abuse or threats using an animal.
Removal of Some Procedural Requirements
Other procedural family law changes include updated attendance requirements for divorce hearings and streamlined rules around filing applications, regardless of whether there are children under 18.
Why These Changes Are Important
Stronger Protection for Victims of Domestic Violence
The reforms ensure that domestic abuse is not just a background issue but a central legal factor in financial and property outcomes — a shift toward fairness and safety.
Recognition of Non-Physical Abuse
Explicitly including economic abuse and broader coercive behaviours as family violence aligns the law with real experiences of survivors.
Practical Impact Beyond Divorce
These changes affect property settlements, spousal support decisions, and even how courts consider family dynamics — not just separation or custody.
What the Law Has Not Changed
Criminal penalties for domestic violence offences remain subject to separate state/territory criminal laws; the Family Law Act changes don’t create new criminal charges.
Family violence orders (like intervention orders) continue to be issued by state and territory courts, not federal family courts.
Summary
Australia’s family law has recently changed — especially with reforms from 10 June 2025 under the Family Law Amendment Act 2024.
The most important changes involve how domestic and family violence is recognised and legally considered, especially in property settlements and financial orders.
These changes aim to make the law fairer and more responsive to real abuse patterns, including economic abuse and wider definitions of family violence.
