The Family Law Amendment Act 2024, passed on 10 December 2024, introduced reforms to the Family Law Act 1975 that refine how property proceedings are determined in the Federal Circuit Court and Family Court of Australia (FCFCOA). These amendments came into effect on 10 June 2025 and apply to both new and existing proceedings. The changes enhance the principles for determining property settlements and outline what courts must consider in making property orders, with an emphasis on recognising family violence, including economic and financial abuse.

• The reforms expand the definition of family violence to expressly include economic and financial abuse, with examples such as denial of financial autonomy, dowry abuse and withholding, and denial of support for reasonable living expenses.
• Courts must now consider the impact of family violence, including its effect on earning capacities, when determining property orders.
• The Act introduces new considerations including reckless dissipation of assets, the nature of liabilities incurred, and housing needs of children under 18.
• Companion animals are recognised as property, with a specific framework to determine orders relating to them.

Family Violence

The reforms expand the definition of family violence to recognise evolving forms of abuse. The Act now expressly identifies economic and financial abuse, providing a non-exhaustive list of examples such as denial of financial autonomy, denial of financial support for reasonable living expenses, dowry abuse, and dowry withholding.[1] Importantly, the court is now required to consider the impact of family violence, including its effect on earning capacities, when determining property orders.[2]

Considerations of the Court

The primary objective of the court in property proceedings is to ensure orders are just and equitable. Once this threshold is met, the following framework applies:[3]

• Identifying property interests, including assets and liabilities, and recognising contributions made before, during and after the relationship
• Determining overall percentage entitlements based on contributions
• Considering the current and future needs of both parties, including childcare responsibilities
• Making final percentage adjustments to achieve a just and equitable division, then applying this practically.

New Considerations in Proceedings

The Amendment Act introduces specific new considerations for property proceedings, including:[4]

• The effect of family violence experienced during the relationship on the victim
• Intentional or reckless wastage of property or financial resources
• The nature of liabilities incurred and their future impact on the parties
• Housing needs for children under the age of 18.
  

Companion Animals

The amendments also address companion animals, recognising pets as property but providing a specific framework for determining orders relating to them. Shared ownership or care is not available, but the court may consider:[5]

• How the pet was acquired
• Current possession of the pet
• History of care and capacity to provide ongoing care, including any history of abuse
• The attachment of the parties or children to the pet.

These reforms place greater emphasis on the lived impact of family violence, the handling of financial resources, and the welfare of children and companion animals in property proceedings. Courts will adopt a broader and more flexible approach to ensure outcomes are equitable and reflective of the parties’ circumstances.

EdenYork’s Family Law team provides tailored advice and representation to guide clients through property disputes under the Family Law Act 1975. We assist clients in navigating the expanded definitions of family violence, addressing financial and housing needs, and resolving disputes with clarity and fairness.

Written by Layla Kabro

[1] s 4AB(2A), Family Law Amendment Act 2024 (Cth).

[2] s 79(2) & 90SM, Family Law Amendment Act 2024 (Cth).

[3] s 79(2), Family Law Amendment Act 2024 (Cth).

[4] s 79(5)(a), (d), (e), (f), Family Law Amendment Act 2024 (Cth).

[5] s 79(7), Family Law Amendment Act 2024 (Cth).