Key Takeaways
- The Family Law Amendment Act 2024 introduces reforms to improve clarity and consistency in family law decisions.
- The Act strengthens protections for vulnerable parties and explicitly considers family violence in legal decisions.
- It legally recognizes companion animals in property disputes, acknowledging their emotional value.
- The reforms streamline court processes, including removing court attendance requirements for simple divorces.
- A legislative review of these changes is scheduled for June 2028 to assess their effectiveness.
The Family Law Amendment Act 2023 introduces sweeping reforms to Australia’s Family Law Act 1975 (Cth), with the changes set to take effect from 10 June 2025. These updates are designed to:
- Improve clarity and consistency in family law decisions
- Strengthen protections for vulnerable parties
- Streamline court processes
- Recognise modern realities like companion animals and family violence impacts
Whether you’re going through a divorce, sorting out parenting arrangements, or dividing property, these reforms could affect you. Here’s a detailed overview of the major changes and what they mean in practical terms.
Key Themes of the Reform
Clearer Definitions
New and updated definitions help simplify and modernise legal language—particularly around concepts like family violence, spousal maintenance, and pets (yes, pets!).
Family Violence Considerations
The Act now requires courts to explicitly consider the effects of family violence in decisions about maintenance, property division, and superannuation splitting.
Fairer and Simpler Processes
From removing court attendance requirements in simple divorce cases to enhancing financial disclosure rules, the changes are all about making the system more accessible.
Legal Recognition of Pets
For the first time, “companion animals” are being legally recognised in property disputes, acknowledging their emotional and practical value.
Children’s Safety and Confidentiality
New protections for information shared with professionals like counsellors and Children’s Contact Services ensure vulnerable individuals can seek support without fear.
Overview of Key Changes
Below is a comprehensive breakdown of the amendments, showing what’s changed and how it affects everyday family law proceedings:
| Category | Section(s) | Legal Summary | Practical Significance |
| Key Definitions and Terminology | s 4 – definition of ‘companion animal’ | Introduces a new definition for animals kept primarily for companionship. Supports new powers under ss 79(6) and 90SM(6). | Clarifies the legal status of pets in family law property matters. |
| s 4 – definition of ‘family law arbitration’ | Updates the definition to reflect the expanded scope of arbitrable issues. | Aligns with reforms allowing more types of disputes to be settled through arbitration. | |
| s 4 – definitions of ‘CCS business’ and ‘CCS practitioner’ | Adds definitions to support the accreditation scheme for Children’s Contact Services under ss 10KB–10KI. | Ensures only properly accredited providers and staff can supervise child contact. | |
| s 4 – definition of ‘protected confidence’ and ‘protected confider’ | Adds terminology to support ss 102BB–102BF, which protect sensitive health or counselling information. | Helps ensure sensitive records from health and family violence services are legally protected. | |
| s 4AB – definitions of family violence | Repeals and replaces s 4AB(2)(g) and (h) with expanded examples of family violence. | Broadens the legal definition of abuse to better reflect real-world forms of family violence. | |
| Divorce | s 98A(1)(b), 98A(2A) | Removes the need for court appearance in sole divorce applications, even where children are involved. | You do not need to attend court for a divorce if your ex does not object, even with children involved. |
| ss 44(1B), 44(1C) | Repeal of mandatory counselling requirement for divorces within the first two years of marriage. | Couples married less than two years no longer need counselling before filing for divorce. | |
| Family Dispute Resolution (FDR) | ss 60I(7) – (12) | Registrar can determine exemptions from Family Dispute Resolution (FDR); decisions are reviewable. | A registrar can now approve FDR exemptions, and their decisions can be challenged. |
| Maintenance Considerations (Married Couples) | s 72(1)(a) | Removed ‘care and control’ phrasing in spousal maintenance provisions. | Clarified maintenance laws by simplifying legal language. |
| s 75(2)(aa) | Requires court to consider family violence when assessing spousal maintenance. | The impact of family violence now matters when deciding if someone gets financial support. | |
| s 75(2)(c) | Updated to reflect that courts must consider whether a party is providing housing for a child under 18. | Courts now consider whether a parent needs to provide housing for a child—not just whether they must take care of them. | |
| s 75(2)(o) → s 75(2)(r) | Existing general clause (‘any fact or circumstance’) is renumbered and slightly reworded to ‘any other fact or circumstance’. | No major change—just a rewording and reclassification of what courts can consider in supporting decisions. | |
| Maintenance Considerations (De Facto) | s 90SF(1)(b)(i), s 90SF(3)(c), s 90SF(3)(r) → (u) | Removes “care and control” language, reframes care of children to include housing needs, and rewords the catch-all clause to “any other fact or circumstance.” | Courts now use clearer and more inclusive terms when assessing a party’s responsibilities and needs. |
| s 90SF(3)(aa) | Requires courts to consider the effect of family violence when assessing a party’s entitlement to maintenance. | The court must now take into account how family violence affected your need for financial support. | |
| Property and Contributions (Married Couples) | s 79(1) | Adds a reference to new s 79(6) regarding companion animal orders in property matters. | Courts must now consider specific provisions about pet ownership when dividing property. |
| s 79(1A)–(1C) | Relocates clauses on enforcement, adjournments, and continuation of proceedings to s 79AA for structural clarity. | No change to entitlements — just a move of where the law is located. | |
| s 79(2) | Updates language from “shall” to “must” in the just and equitable test for property adjustments. | The requirement remains the same — this is a modernised wording update only. | |
| s 79(3) | Court must identify each party’s legal/equitable property interests and liabilities. | Courts will first assess who owns what and owes what before dividing assets. | |
| s 79(4)(a)–(c), (e), (g) | Clarifies that the court must consider financial, non-financial, and family welfare contributions only where relevant. Also shifts how child support and s 75(2) factors are considered. | Courts now assess only the relevant contributions and support factors when dividing property — streamlining how they apply the law. | |
| s 79(4)(ca) | Impact of family violence must be considered in evaluating contributions. | If one party was abused, it affects how the court views their contributions to the relationship. | |
| s 79(5) | A new section for future considerations, includes family violence, waste, and liabilities. | The court now considers future needs, losses caused by one party, and debts. | |
| ss 79(6) – (7) | Courts can make orders about companion animals—ownership, transfer, or sale. | Pets can now be officially assigned to one party after separation. | |
| s 79AA | Consolidates prior provisions including death, adjournments, insolvency. | Administrative sections moved to a new part for clarity. | |
| Property and Contributions (De Facto Couples) | s 90SF(4)(a) – (c), (e) | Clarifies that only relevant financial, non-financial, and welfare contributions are to be considered. Redirects support factor considerations to s 90SM(5). | Courts now focus on contributions that truly matter in each case, making property division more targeted. |
| s 90SF(4)(ca) | Requires courts to consider the impact of family violence on a party’s ability to contribute to the relationship. | Family violence now directly influences how the court values each person’s contributions in a de facto settlement. | |
| s 90SM(1) – (3) | Adds reference to companion animals (s 90SM(6), relocates enforcement provisions to s 90SMA, and notes that the ‘just and equitable’ test previously in s 90SM(3) is now renumbered to s 90SM(2). | These changes improve clarity on how the court deals with fairness, enforcement, and pets in property matters. | |
| s 90SM(4)(ca) | Requires courts to consider the impact of family violence on a party’s ability to contribute to the relationship. | Family violence now directly influences how the court values each person’s contributions in a de facto settlement. | |
| s 90SM(5) | Mirrors s 79(5) for de facto property cases. | Future needs, liabilities, and violence considered for de facto couples. | |
| ss 90SM(6) – (7) | Companion animal orders in de facto property proceedings. | Pets can be assigned to one party in de facto separations. | |
| s 90SMA | Consolidates former provisions related to de facto financial proceedings. | Simplifies structure of laws around de facto property issues. | |
| Disclosure Obligations | s 71B, s 90RI, s 90YJA | Codifies full and frank financial disclosure duties for all parties and legal practitioners. | Everyone must be honest about finances from start to finish in a legal dispute. |
| Confidentiality and Protected Confidences | ss 102BA | Defines the meaning of a ‘protected confidence’ under family law. | Information shared with trusted professionals may be protected from being disclosed in court. |
| s 102BB | Defines which services qualify as “professional services” under protected confidence rules. | Health and support workers, including those offering services for sexual assault and family violence, are officially recognised, so their clients’ disclosures may receive legal protection. | |
| s 102BC | Allows parties to apply for court orders to restrict the use or disclosure of protected confidences. | You can ask the court to keep sensitive records private in certain cases. | |
| s 102BD | Empowers the court to issue non-disclosure orders without a formal request. | Courts can act to protect confidential information on their own initiative. | |
| s 102BE | Lists criteria the court must weigh when deciding whether to restrict confidential evidence. | Judges balance the risk of harm against the importance of the information to the case. | |
| s 102BF | The court must not exclude evidence under these provisions if the confiding person is an adult and consents. | If you are over 18 and you agree, your confidential records may still be used in court. | |
| Evidence and Court Processes | Repeal of Division 12A (ss 69ZM–69ZX) | Repeals the original provisions governing child-related proceedings, such as relaxed evidentiary rules and child-focused principles. These powers are now incorporated into new ss 102ND–102NN. | These important powers have not been lost — they have been restructured under a new division to streamline the way courts handle parenting cases. |
| ss 102ND–102NN | Moves the previous Division 12A powers into a new framework, including principles for child-related proceedings, the court’s duties, powers to appoint family consultants, and the ability to exclude normal rules of evidence in certain cases. | Courts can apply child-focused principles and use simpler evidence rules in parenting matters — and in some property cases too if the parties agree. This allows for a more flexible and streamlined process. | |
| Arbitration | s 10L(2) | Updates the definition of family law arbitration to reflect the expanded scope of matters that may be arbitrated under s 13E. | Arbitration now applies to more types of family law disputes, and this updated definition makes sure the law aligns with that broader scope. |
| s 13E(1), s 13E(1A), s 13F, s 13H(1) | Expands the range of matters that can be arbitrated, including third-party financial issues, superannuation, and post-order enforcement. Clarifies the court’s power to support or terminate arbitration and to register awards. | A broader range of financial disputes can be resolved through arbitration, and outcomes can be formally recognised and enforced by the court. | |
| Children’s Contact Services (CCS) | ss 10KB–10KD | Establishes the legal framework for CCS in cases where families may not safely manage contact on their own. Services may operate on a professional, commercial, or charitable basis. | CCS exists to support safe interaction between children and family. members in high-risk situations. |
| s 10KE | Restricts the disclosure of safety-related information shared with CCS, unless the person consents, or it is needed to protect a child. | Your safety concerns shared with a CCS are private, unless sharing them is necessary to keep a child safe. | |
| s 10KF | Declares that most safety information provided to CCS centres is not admissible in court, except for serious abuse admissions or disclosures. | Courts cannot use what is said at CCS unless it involves serious abuse or risk of harm. | |
| ss 10KG–10KI | Introduces penalties for CCS providers who fail to follow national accreditation rules. | Only accredited CCS providers can operate legally — ensuring quality and accountability. | |
| s 13C(1A) | Prevents courts from ordering supervised contact at non-accredited CCS providers once the accreditation regime takes effect. | Supervised visits must be held at accredited CCS centres. Providers who do not meet national standards may face penalties. | |
| Costs | s 114UB–114UC | Establishes the default rule that each party pays their own legal costs. Courts may still order contributions to ICL or litigation guardian costs, except where a party is legally aided or facing financial hardship. | You will cover your own legal costs, but the court may order contributions to ICL or guardian fees unless you are on legal aid or unable to pay. |
| ss 114UD–114UE | Limits when costs can be awarded in cases involving overseas enforcement or international conventions. | If your case involves international child recovery or enforcement, limits apply to how legal costs are awarded. | |
| Repeal of ss 117, 117AA, 117AC; replaced by Part XIVC | Repeals existing cost provisions and introduces a new dedicated section for costs under Part XIVC. The rule that each party pays their own costs remains, with exceptions where the court deems costs order appropriate. | The structure of the costs provisions has changed, but the core principle remains the same — parties pay their own costs unless there is a reason not to. | |
| Superannuation Splitting Orders | s 90YZD(4)(ca) | Adds a requirement for courts to consider the impact of family violence in superannuation splitting decisions. | The court must consider how family violence has affected one party when dividing super. |
| s 90YZD(4)(e) | Introduces new considerations: material wastage, liabilities, and the broader impact of family violence on a party’s financial position. | Courts now assess wasteful spending, debts, and family violence when dividing super. | |
| s 90YZD(4)(e)(iii) | Expands the child-related consideration to include the need to provide housing for a child under 18. | If a parent needs to house a child, this will be considered when splitting super. | |
| Review Provision | Review Clause | A legislative review is scheduled for June 2028. | The government will review how well these changes are working in mid-2028. |
What’s Next?
A full legislative review of these changes is scheduled for June 2028, giving time to assess how well the new laws are working in practice.
Final Thoughts
The Family Law Amendment Act 2023 is a significant step toward a more just and modern family law system in Australia. Whether you’re a family lawyer, someone navigating a separation, or simply interested in your rights, staying informed about these changes is essential.
