Family Law Reform Hub: What Changed and What It Means for You
If you’re going through a separation or divorce right now, you’ve probably heard that family law reform in Australia has shaken things up. You’re right, and the changes are bigger than most people realise. Between May 2024 and June 2025, two major waves of reform rewrote the rules on everything from property settlement to how the court handles family violence, pets, superannuation, and even your divorce application itself.
Why These Reforms Matter
This is the biggest overhaul of Australian family law since the Family Law Act 1975. The reforms came in two tranches:
Tranche 1
Started 6 May 2024
Overhauled parenting orders
Simplified “best interests” factors
Removed presumption of equal shared parental responsibility
Stronger family violence protections
Tranche 2
Started 10 June 2025
Rewrites property settlement framework
Updates divorce applications
Streamlines super splitting
Adds clearer guidance on debts, wastage & more
Important:
These reforms can apply to existing matters too. If your case hasn’t reached a final hearing by the relevant start date, the new rules may apply.
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Property Settlement: The New Four-Step Framework
For decades, property settlement in Australia followed a judge-made process, a set of steps developed through case law rather than written into legislation. That’s changed. The Family Law Amendment Act 2024 now codifies a clear four-step framework under section 79 of the Family Law Act. If you’re splitting assets after separation, this is the process the court will follow:
Old Approach (Case Law)
Identify the asset pool (informal practice)
Assess contributions (financial + non-financial)
Consider future needs (s 75(2) factors)
Justice and equity check (discretionary)
New Approach (Codified)
Identify and value all property, assets, and liabilities
Assess contributions — now explicitly includes the effect of family violence
Evaluate future needs — with new factors including care of children under 18
Justice and equity check — now a required statutory step
The new framework requires courts to consider specific factors such as wastage of assets, liabilities (including reckless debts), care of children under 18, and the impact of family violence on a party’s ability to earn or contribute. Inheritances are still treated as financial contributions. Importantly, the court must now formally ensure any division of property is just and equitable before making orders. As these changes already apply to ongoing matters, it’s essential to seek updated legal advice and be mindful of time limits for property settlement claims.
Wastage, Debt and Gambling: New Factors the Court Can Consider
“Wastage” is a key addition under the new framework. If one party has recklessly spent or depleted assets, such as through gambling, extravagant spending, or deliberately reducing assets before settlement, the court can now take this into account when dividing property. Instead of both parties simply sharing the loss, the court may adjust the split to ensure the other party is not unfairly disadvantaged by money they had no control over.
Liabilities (debts, loans, credit card balances) are also now explicitly listed as part of the property pool. Courts have always dealt with debt, but the codification makes the process more transparent and consistent.
Family Violence and Economic Abuse: Expanded Protections
The reforms strengthen how family law addresses family violence, explicitly recognising economic and financial abuse, including controlling money, running up debt, preventing work, and dowry abuse, under Section 4AB of the Family Law Act. Courts must now consider how such abuse affected a party’s ability to contribute and its lasting impact on their current and future circumstances, ensuring these factors are formally reflected in both contributions and future needs assessments. This clear statutory recognition also provides stronger protection for multicultural communities affected by dowry-related coercion.
If you or someone you know is experiencing family violence, support is available through 1800RESPECT (1800 737 732). You can also visit our family violence resources page for information about domestic violence orders and legal protections.
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Pets in Divorce: Animals Are No Longer Just 'Property'
This one hits home for a lot of people. Until these reforms, your family dog, cat, or horse was treated exactly the same as a couch or a car. A chattel with a dollar value. If you and your ex couldn’t agree on who kept the dog, the court assessed its market value and moved on.
The new provisions allow courts to make specific orders about companion animals, with the animal’s welfare now a relevant consideration. While pets are still treated as property, the court can consider factors such as who has been the primary carer or whether the pet should remain with the children, rather than deciding purely based on monetary value. If keeping your pet matters to you, it’s important to raise this early in settlement discussions and seek legal advice under the new framework.
Divorce Applications: Simpler and Faster
Married under 2 years
The old counselling certificate requirement has been repealed (from 10 June 2025). The 12-month separation period still applies.
Married under 2 years
The old counselling certificate requirement has been repealed (from 10 June 2025). The 12-month separation period still applies.
The divorce process has been simplified under the new reforms. Couples married for less than two years no longer need to attend counselling or obtain a certificate before applying for divorce, although the 12-month separation requirement still applies. Sole applicants with children under 18 may now avoid attending a court hearing if the application is uncontested. Additionally, section 60I certificates are now issued to individuals rather than couples, making it easier to proceed in situations involving uncooperative or unsafe former partners.
Superannuation: Simpler Splitting
Super is often the second-largest asset in a relationship after the family home, and in grey divorces (separations later in life), it can be the largest. The reforms aim to make splitting superannuation less of a bureaucratic headache.
The reforms streamline the process of obtaining superannuation information and implementing super splits, reducing delays and standardising communication between parties, lawyers, and super funds. This is particularly important for those in their 50s or 60s, where super may be the primary retirement asset and accurate valuations are critical. In cases involving multiple funds, SMSFs, or defined benefit schemes, obtaining early and expert advice is essential to ensure a fair and effective division.
Protected Confidences and Better Information Sharing
“Protected confidences” can shield certain conversations with counsellors, family violence services, and psychologists from being used as evidence if disclosure would cause harm. There are limits (e.g., serious risks to a child’s safety), but the default position shifts the burden toward the party seeking disclosure.
Children’s Contact Services: New Accreditation Rules
Children’s contact services (supervised visitation and changeover services) are moving into an accreditation framework to lift safety and quality standards.
Applies Nationally (NSW / QLD / VIC)
Family law is federal, so reforms apply nationally. Practical experience can vary by registry wait times and availability of services.
Children's Contact Services: New Accreditation Rules
Children’s contact services (CCS), which include supervised visitation centres and changeover services, are now subject to a new accreditation framework. Once the accreditation rules are fully in place, courts can only refer families to accredited services.
This is a quality and safety measure. Providers who don’t meet the standards face penalties. For parents, it means you can have greater confidence that the service your children are using meets national benchmarks for safety and professionalism.
Applying Across States: NSW, Queensland, and Victoria
Family law reforms apply nationally across Australia, meaning the same rules operate in every state. However, the practical experience may vary depending on local court registries, wait times, and access to services such as family dispute resolution and supervised contact.
Across Australia, the reforms strengthen information sharing between family law courts and state authorities to better protect families experiencing domestic violence. By improving coordination with police and aligning domestic violence orders with federal family law matters, the changes reduce system gaps and enhance overall safety.
How Unified Lawyers Can Help You Through These Reforms
There’s a lot to take in, and honestly, the details matter more than most people expect. How the new four-step property framework applies to your asset pool. Whether economic abuse affects your entitlements. What the new divorce application process looks like for your situation. These aren’t questions you should be guessing the answers to.
Our team has been advising clients through these reforms since they were first announced. With offices in Sydney, Brisbane, Gold Coast, and Melbourne, and over 8,000 clients helped, we know how to translate legislative change into practical strategy. We work with financial experts, forensic accountants, and mediators to make sure nothing falls through the cracks.
We’ve earned 600+ five-star Google reviews because we give people straight answers and fight hard for their outcomes. If you’re dealing with separation and want to understand exactly where you stand under the new rules, get in touch with us today. We offer a free initial consultation and guarantee a response within 30 minutes.
Frequently Asked Questions
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What are the steps in a property settlement in Australia?
Is property split 50/50 in divorce Australia?
No. There’s no automatic 50/50 rule. The court applies the five-step framework and determines what’s just and equitable based on contributions, future needs, and the full circumstances. While many settlements end up near an even split for long relationships, shorter relationships or unequal contributions can produce very different outcomes.
What is the "just and equitable" test in property settlement?
The just and equitable test is a threshold assessment the court must make before it divides property. It asks whether it’s fair for the court to intervene and alter the parties’ property interests at all. It’s also applied again as the final step to check whether the proposed order is fair in total.
How long do I have to apply for a property settlement?
12 months from the date your divorce becomes final if you were married, or two years from the date of separation if you were in a de facto relationship. After these deadlines, you need the court’s leave to proceed.
What is included in the property pool?
Everything both parties own and owe: the family home, investment properties, bank accounts, shares, businesses, superannuation, vehicles, personal property, cryptocurrency, debts, loans, and credit card balances. The pool also captures liabilities, which are now explicitly included in the codified framework.
Can I do a property settlement without a lawyer?
You can, but the 2025 reforms have made the process more complex with stricter disclosure requirements and a five-step framework. For anything beyond the simplest matters, professional legal advice is strongly recommended to protect your entitlements and ensure the agreement holds up.
How has property settlement changed under the 2025 reforms?
The old four-step process developed through case law has been codified into a five-step process in the Family Law Act. The changes include a mandatory threshold just and equitable test, explicit inclusion of liabilities in the property pool, mandatory consideration of family violence in contributions, new future needs factors including wastage and care of children under 18, and a required final justice and equity check.
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