The Family Law Amendment Act 2024 introduces wide-reaching changes to the way property settlements are determined following separation. These amendments, which took effect on 10 June 2025, aim to improve clarity, consistency and fairness—particularly for parties affected by family violence.
The Family Law Act has now been amended to mandate consideration of a number of factors when determining the current and future circumstances of a party when making a property settlement.
We provide an overview of the key legislative reforms and how the new provisions effect how the Federal Circuit and Family Court of Australia determines a property settlement between separated couples:
Economic Impact of Family Violence Now a Required Consideration
Previously:
While Court’s could consider the impact of family violence in determining property entitlements, this was not explicitly required. The leading authority, Kennon v Kennon (1997), allowed the court to consider family violence where it had a discernible effect on a party’s contributions, but its application was limited and inconsistent.
From 10 June 2025:
Courts are now required to consider the economic impact of family violence in property proceedings. This includes behaviours such as restricting a partner’s access to bank accounts, controlling a partner’s spending, or dowry-related abuse. This amendment acknowledges that family violence can significantly diminish a party’s ability to accumulate assets or contribute financially during a relationship, as well the ongoing impacts of family violence even following the end of a relationship.
Recognition of Companion Animals in Property Settlements
Previously:
Pets were treated strictly as personal property—similar to furniture or vehicles—without recognition of the emotional attachment or caregiving responsibilities involved. Disputes over who retained a family pet were often resolved by identifying who legally “owned” the animal.
From 10 June 2025:
Courts may now consider the welfare of companion animals and the nature of the relationship each party has with the pet. Factors such as who primarily cares for the animal, who has an emotional bond, and who is better placed to continue that care may influence the outcome.
This reform brings Australia more in line with community expectations and international developments recognising pets as more than mere property.
If you are currently going through separation or anticipate negotiating a property settlement, it is essential to understand how these changes may affect your rights and obligations. Please contact our family law team to discuss your situation in confidence.
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