Overview
The Family Law Amendment Act 2024 introduced significant reforms to the Family Law Act 1975 that commenced on 10 June 2025 and reshape how Australian family law courts approach property, disclosure, family violence and several procedural matters.
In Western Australia, the changes currently apply only to property proceedings between parties who are or were married and will apply to all new and existing matters from 10 June 2025, except where a final hearing or trial had already commenced before that date.
The reforms apply to court proceedings and out‑of‑court negotiations and require parties and advisers to foreground comprehensive property identification, contribution assessment, future needs analysis and consideration of the economic effects of family violence.
From 10 June 2025, the Family Law Act 1975 includes changes to the law about:
- how the family law courts will determine a property settlement
- what the family law courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant.
Statutory process for determining a property settlement
- The court must identify all property and liabilities of the parties.
- The court must assess each party’s contributions to the property pool and to the welfare of the family.
- The court must assess each party’s current and future circumstances, including age, state of health and the care and housing needs of any children.
- The court may make only those orders that are, in all the circumstances, just and equitable.
Separating parties negotiating outside court should use the same analytical framework when reaching agreement.
Family violence and the economic effect on property settlements
- The Act expressly requires consideration of the economic effect of family violence, where relevant, when determining property and maintenance outcomes.
- Economic or financial abuse is expressly captured within the definition of family violence and includes conduct such as controlling finances or preventing a party from working.
- The economic effect of family violence can be relevant when assessing contributions (for example, preventing a party from earning income) and when assessing current and future circumstances (for example, ongoing counselling or rehabilitation costs).
- The court cannot use family law powers to criminally punish violence, award compensation for criminal harm, or make state/territory family violence protection orders; criminal or civil remedies remain a matter for state or territory courts.
Companion animals in property contexts
- Companion animals are treated as a distinct category relevant to property settlement when parties cannot agree outside court.
- When an application is before the family law courts, judges must consider a specific list of factors that relate only to companion animals, including any animal abuse and the attachment of each party or of children.
- The court’s available orders are limited to outcomes such as sole ownership, transfer of ownership or sale; courts may not make joint‑ownership orders or orders for shared possession of companion animals.
- Parties should document acquisition, registration, veterinary and upkeep costs, primary care arrangements and evidence of attachment where companion animals are at issue.
Duty of financial disclosure
- The duty of disclosure for property and financial disputes is now in the Family Law Act rather than solely in court rules; the obligation is ongoing and applies throughout attempts to resolve property matters.
- Parties must provide all relevant financial information and documents to the other party and the court.
- Consequences for non‑compliance include adverse consideration in property division, costs orders, contempt sanctions including fines or imprisonment, and the possibility the court may defer or dismiss proceedings.
Application to existing and ongoing matters
- The amendments apply to new and existing proceedings unless a final hearing has commenced.
- Applications filed before 10 June 2025 are subject to the new law unless a final hearing has already started.
- Existing final property orders remain in force and are not automatically altered by the amendments.
