Latest Family Law Developments in 2025

2025 has brought significant changes to family law in Australia, with reforms aimed at creating a fairer, more streamlined, and child-focused legal system. These updates, set to take effect in June 2025, are part of the Family Law Amendment Act 2024 and represent one of the most comprehensive overhauls of family law in decades. Below is an overview of the key developments and their implications.

1. Addressing Family Violence in Property Settlements

One of the most notable changes is the incorporation of family violence as a critical factor in property settlements and spousal maintenance decisions. Courts will now consider:

- The impact of family violence or economic abuse on a partner’s ability to contribute financially or non-financially during the relationship.

- The ongoing effects of such violence on a partner’s future circumstances, including therapy or medical costs.

This shift ensures that survivors of abuse are not left financially disadvantaged after separation.

2. Economic and Financial Abuse Explicitly Recognised

The amendments explicitly define economic or financial abuse as a form of family violence, including practices like dowry abuse. This recognition aims to address often-overlooked forms of coercion that can leave individuals financially vulnerable.

Streamlining Property Settlements

3. Codified Property Settlement Framework

The new laws introduce a clearer, approach for resolving property disputes. Courts must:

- Identify all assets and liabilities.

- Assess each party’s contributions (both financial and non-financial).

- Consider future needs, such as housing requirements for children or health-related expenses.

-Only make orders that are, in all the circumstances, just and equitable

This codification reduces reliance on case law and ensures greater consistency in outcomes.

4. Wastage and Liabilities as Specific Factors

Courts will now explicitly consider whether one party has intentionally depleted assets or incurred liabilities recklessly during or after the relationship. This provision aims to prevent financial misconduct from unfairly impacting settlements

Children and Parenting Arrangements

5. Removal of Presumption of Equal Shared Parental Responsibility

The presumption that equal shared parental responsibility is always in a child’s best interests has been removed. Instead, courts will focus on tailored arrangements that prioritise the child’s safety, emotional well-being, and developmental needs.

6. Simplified Best Interests Test

A revised framework for determining a child’s best interests emphasises six key factors, such as the child’s safety, views, emotional needs, and relationships with parents or significant individuals. This change aims to simplify decision-making while maintaining flexibility for nuanced cases.

Regulatory Enhancements

7. Full Financial Disclosure Obligations

The duty to disclose financial circumstances has been elevated from court rules to statutory law. This change underscores the importance of transparency during proceedings and introduces stricter consequences for non-compliance.

8. Regulation of Children’s Contact Services

Children's Contact Services, which facilitate supervised visits or changeovers between parents, will now operate under a regulatory framework designed to enhance safety for both children and parents involved.

Implications for Families

These reforms are expected to have far-reaching effects:

- Survivors of family violence may find it easier to secure fair financial outcomes.

- Parents navigating custody disputes will benefit from more flexible arrangements tailored to their unique circumstances.

- Greater clarity in property settlements should reduce delays and legal costs.

Conclusion

The family law reforms set to take effect in June 2025 reflect Australia’s commitment to a more equitable legal system that prioritises fairness, safety, and efficiency. Whether addressing financial abuse, simplifying parenting arrangements, or streamlining property settlements, these changes mark a significant step forward for families navigating separation and divorce.

Families currently undergoing separation should seek legal advice to understand how these changes might affect their cases moving forward.

Navigating the complexities of family law can feel overwhelming, especially with the recent amendments set to reshape the legal landscape in 2025. If you’re feeling uncertain about how these changes might affect your parenting arrangements, property settlement, or financial future, you don’t have to face it alone. We understand that every family’s situation is unique, and we’re here to provide clarity, guidance, and support during this time of transition. Let us help you understand your rights and options under the new amendments so you can move forward with confidence and peace of mind.

You can contact our office today to schedule a consultation on 044 77 88 933 or email us enquiry@charbellawyers.com.au —your future deserves expert care.

Keep in mind this information is not legal advice and is general in nature and each situation is unique so consult your lawyer or our office for advice specific to your case.