Major changes to the Family Law Act took effect this week, introducing new rules around property division, family violence, financial transparency and even the family pet.
Burke Mangan Lawyers Partner Kylie Burke said the changes applied to all family law matters that hadn’t yet gone to a final hearing, meaning many current cases could be impacted.
“This is the most significant overhaul of family law with respect to financial cases we’ve seen in over a decade – and it will change the outcome of thousands of separations,” Ms Burke said.
“From financial abuse to pet custody, the courts now have clearer direction – and that changes everything.”
She said from this week Courts would now decide who kept the pets in the event of a family breakdown.
“You can’t just say the dog is ‘mine’ because you paid the adoption fee.”
Ms Burke said under the new laws, judges must now consider the animal’s welfare, any history of harm or neglect, emotional bonds and who has been primarily responsible for its care.
She said the Court would only order one party to have future ownership of the animal.
“The Court will look at who actually cared for the pet – walking it, feeding it, taking it to the vet – especially when children are involved and there’s emotional attachment on both sides.”
In other changes, Ms Burke said family violence would now have financial consequences.
She said courts were now legally required to consider the economic impact of family violence, including financial abuse or coercive control, when dividing assets or awarding maintenance.
“We’re now seeing legal recognition of how deeply financial abuse can impact someone’s long-term stability.
“If one partner was locked out of money decisions or pressured into signing away rights, that will now weigh heavily in court.”
Ms Burke said there was also a clearer, step-by-step process for property settlements, with new legislation outlining exactly how courts should approach property division – from identifying and valuing assets to weighing future needs – which was expected to streamline decisions and reduce disputes.
She said the Court must now take into account, amongst other things, the effect of family violence, material wastage of property or financial resources, and any liabilities or debts incurred by the parties.
“This gives separating couples, especially those with complex finances or trusts, a roadmap they can follow.
“It is designed to reduce the confusion and make out-of-court settlements easier and more predictable.”
Ms Burker said there were also stronger financial disclosure requirements, with hiding assets becoming riskier, while sole applicants were now able to divorce without attending court.
She said in amicable, or uncontested cases, individuals could now finalise a divorce without needing to appear before a judge.
“This is a small but welcome change, especially for people leaving controlling relationships or just wanting to move on quietly.
“You can now apply for a divorce and, if there’s no objection, finalise it without the stress of going to court.”
