Changes made by the Family Law Amendment Act 2024 to the Family Law Act 1975 came into effect on 10 June 2025. These include changes to how the Court considers companion animals, family violence, disclosure and the process for determining property settlements and spousal maintenance.
This article provides a summary of important things to know about these changes and their potential impacts:
Spousal Maintenance
Under the current framework, the court will have greater flexibility and discretion in determining whether a party is eligible for spousal maintenance under sections 75(2) and section 90SF(2).
The Court has previously referred to an exhaustive list of matters when considering spousal maintenance. This list will be updated to a non-exhaustive list, including two additional factors. These are family violence and housing needs of any children of a relationship under the age of 18.
Property Framework
The current approach the Court uses to determine property settlements will be specifically referenced under the new sections 79(3) and 90SM(3) making it easier for self-represented parties to navigate the process.
Sections 79 and section 90SM empower the Court to make orders altering the property interests of parties as it considers appropriate.
Under the previous framework, when considering what orders should be made, the court was required to take into account factors listed under section 79(4) or section 90SM, which included the matters referred to in subsections 75(2) or 90SF(2) relating to spousal maintenance.
Under the 10 June 2025 amendments, many of the considerations under section 79(4)/90SM(4) will remain, but the new section 79(5)/90SM(5) will be the court’s new reference point for assessing the current and future needs of the parties. This is intended to replace the reference to subsection 75(2)/90SF(2) which often causes confusion to self-represented parties as it refers to spousal maintenance but is also considered during the property process.
Section 79(5)/90SM(5) contains different considerations than those under sections 75(2)/90S (2). Sections 79(5) and 90SM(5) will include reference to family violence, wastage, liabilities and housing needs of any children of the relationship under the age of 18. This means that the Court can consider family violence in their contributions assessment including how exposure to family violence has impacted on the ability of a party to make contributions to the relationship.
Companion Animals – sections 79 and 90SM
Pets were previously treated as property under the Act. However, from 10 June 2025, family pets or companion animals are now considered under their own individual framework contained in sections 79(6) and 90SM(6).
The animal in question will need to meet the definition of a companion animal under section 4(1). The court will then be able to make orders about any pets taking into account the factors under section 79(7) or 90SM(7).
Family Violence – Section 4AB
The definition of Family Violence within section 4AB of the Act has been amended to encapsulate a broader range of economic and financial abuse. This has been done by repealing the existing references to economic and financial abuse and placing them into a single detailed provision (subsection 2A) which provides a non-exhaustive list of examples of economic and financial abuse.
Disclosure – Section 71B
The duty of disclosure contained under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 has been incorporated into the Act under section 71B. This amendment is intended to confirm the importance of the duty of disclosure. These sections will oblige practitioners to advise clients about their duty of disclosure and encourage compliance.
Should you wish to know more about the 10 June 2025 changes, keep an eye out for further articles to come from us or book an appointment with our specialist team online or via phone on 02 6225 7040.
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