Family Law Changes 2025 : Whats New & how it Affects you

21 June 2025 in Family and Divorce Law | 8 min read | skip to FAQs

This article outlines family law changes in 2025. The Family Law Act Amendments in 2024 (FLAA) legislated significant amendments to the Family Law Act 1975 (Cth) (the Act) which commenced on 10 June 2025.

Amendments that the FLAA introduced to The Act include:

1. Extension of the concept of property to include pets;
2. The definition of family violence and inclusion in property settlement and maintenance;
3. Divorce requirements; and
4. Other sections regarding evidence, disclosure, arbitration, child contact services, protected confidences and costs.

Keeping up with new amendments and applying them to your circumstance can be confusing and stressful. The experienced family lawyers at Brander Smith McKnight Sydney Lawyer remain up to date with all legislative changes and are able to communicate the changes that are relevant to you in simple terms.

Property Interests

Addition of Companion Animals

Schedule 1 of The FLAA has introduced a definition for companion animals in s4 of The Act. It is defined as an animal for the primary purpose of companionship rather than assistance, business, agricultural or experimental purposes. Disputes regarding ownership and shared care of pets have increased and to address when couples cannot come to an agreement, the courts can now make one of three new orders. The FLAA amends s79(4) of The Act to provide that the Court may make the following orders with respect to Companion Animals:

1. That only one party to the relationship, or a party joined to the proceedings, is to have ownership of the animal;
2. The animal is to be transferred to another person who has consented to the transfer; or
3. The animal is to be sold.

S79(4) of The Act is also amended to provide the factors that the Court is to take into account when making one of the above orders, these factors include:

1. the circumstances of the acquisition of the companion animal;
2. who has ownership or possession of the companion animal;
3. the extent to which each party cared for and paid for the maintenance of the companion animal;
4. any attachment by a party or child of the marriage to the companion animal;
5. domestic violence to the partner or cruelty to the pet;
6. the ability to care for the pet in the future.

Maintenance Orders 

Previously, the Courts considered the “care and control of child’’ when making spousal maintenance orders. The FLAA has eliminated “and control,’’ modernising the outdated notion that children should be controlled by their parents. This modification affects both spousal and de facto couples.

New Consideration for Spousal Maintenance Orders

S6 of Schedule 1 of The FLAA has amended s75 of The Act with respect to spousal maintenance. It now includes a section that the Court may consider the effect of family violence when making a spousal maintenance order.

Family Violence

New Definition of Financial Abuse

Schedule 1 of The FLAA has introduced a definition for economic or financial abuse in s4 of The Act. Behaviour that may constitute economic or financial abuse is set out in s4AB(2), and is briefly summarised below:

1. Unreasonably denying the family member financial autonomy;
2. Unreasonably withholding financial support needed to meet the reasonable living expenses of a family member or the family member’s child;
3. Coercing a family member (by threats or abuse) to give or seek money or other items as a dowry; or
4. Hiding or falsely denying things done in connection with the practice of a dowry.

In relation to property settlements, financial abuse was previously not recognised as family violence. The amendment now addresses the power imbalance and exploitations that may occur through economic and financial abuse.

New Court Considerations for Orders involving Family Violence

S19 of Schedule 1 of the FLAA has introduced amendments that requires the Court to consider the effects of family violence when making property settlement orders. Specifically, “the effect of any family violence, to which one party to the marriage has subjected or exposed the other party”. This is considered under considerations relating to contributions, formerly known as contributions factors.

Family violence must therefore be considered when making orders regarding maintenance, alteration to property interests and superannuation splitting orders.

In summary, family violence (if present) will now be considered in any Court order relating to property settlement.

Divorce

Changes to divorce provisions include.

1. Previously : Parties to a marriage that lasted less than two years were required to attend counselling and apply for permission (known as seeking leave) from the Court before filing for a divorce. Now, there is no need for parties to provide a counselling certificate, (also known as a s601 certificate), or apply for permission from the Court when submitting their divorce application.
2. Previously : With respect to divorce applications with an absent party, the courts considered conditions such as the presence of children under 18 yrs or an objection from another party. Now, sole applicants for a divorce do not need to appear in court, even if there are children under 18 yrs involved. For this to occur, the other party must not object.
3. Previously : Divorce proceedings could be effective prior to the implementation of proper parenting arrangements. Now, official parenting arrangements must be in place before divorce proceedings that include children under 18 yrs can occur.

Other Sections amended 

Evidence

Rules of evidence are complex to ensure that admissible evidence is reliable, credible and relevant. These rules are set out in various Commonwealth laws including the Evidence Act 1995 (Cth) and the Family Law Act. The FLAA has added new rules of evidence.

Previously Part VII – Children, Division 12A of the Act dealt with the principles of conducting child-related proceedings. These provisions have been moved to Division 4 Part XI with the addition of new sections covering child related and property proceedings. When exercising powers and discretion, the Courts must give effect to the principles listed below.

1. The Court must take into consideration the child’s welfare and needs. It is also to consider the impact of the proceedings on the child.
2. The Court must direct, control and manage the proceedings.
3. The Court must proceed in a manner that will protect the child or other parties involved from or being exposed to abuse, neglect or family violence.
4. The Courts must endorse cooperation between the parties, with the child as a paramount consideration.
5. The proceedings should avoid delays and aim for an informal process.

Other General Rules of Evidence

The FLAA provides that a child’s hearsay evidence is admissible if it is relevant to protect the child’s welfare. Moreover, the Court has the power to decide if the rules of evidence and the Evidence Act 1995 (Cth) will or will not be applied.

New Disclosure Rules

S83 of the FLAA introduces amendments to s71B that include obligations to fully disclose all information relating to financial or property matters, within a reasonable time. This obligation commences when preparing for proceedings and continues until the end of proceedings, and must include all relevant information and documentation. This duty also applies to legal practitioners.

Arbitration

The FLAA has now expanded the matters that can be arbitrated with the consent of the parties by amending Division 4, Arbitration, of The Act. Matters include:

1. Property, spousal maintenance and maintenance agreements;
2. Financial agreements for married or de facto couples;
3. Superannuation interests; and
4. Transactions to defeat claims.

The Courts also now have the power to make orders for family law arbitration. Furthermore, the courts can terminate arbitration if the circumstances change and it is no longer appropriate for the proceedings.

Changes to Costs

1. Previously, pursuant to s117 of The Act, each party paid their own legal costs. The FLAA repealed this and has introduced the new Part XIVC that, although continuing the general principle that each party must pay their own legal costs, adds some additional considerations. For instance, where a party has been wholly unsuccessful, and whether proceedings were necessitated by the failings of one party.
2. In certain circumstances when children are involved in the proceedings, the Court may appoint an Independent Children’s Lawyer (“ICL”) to make submissions on the best interest of the child. The ICL does not take instructions from the child and is an impartial party. Their role is to present information on the child’s views and their welfare to the Court. The costs of an ICL are usually borne by each of the parents, however the Court will not make this cost order if the parties are receiving legal aid assistance or it would impose financial hardship.
3. The Court can also make a cost order if it is satisfied that there is a significant chance of success for overseas enforcement and international convention orders. Matters regarding international child abduction, where a parent seeks to recover legal or travel fees to return the child back may be relevant. The court’s ability to make such an order is limited within the new s114UD.

Child Contact Services

The establishment of an accredited scheme for child contact service practitioners and businesses.

New Definitions of Protected Confidence

Schedule 3 of The FLAA has incorporated new sections that regulate protected confidence rules. The definition of ‘protected confidence’ is communication that has been made to professional providers from another person. The aim is to protect the protected confider and to place the recipient of the confidential information under an obligation to not disclose such communications. Some new important rules and definitions include:

1. Definition of professional services to include: health services, specialist services in sexual assault or family violence or any other activity prescribed by the regulation.
2. Courts can limit the production of any evidence that may otherwise contravene the duty of protected confidence.
3. Courts can limit the production or inspection of documentation even with an existing disclosure requirement, if it discloses a protected confidence.
4. Courts can waive the obligation of confidence if the protected confider provides written and witnessed consent.

The FLAA amendments impose penalties for misuse or wrongful communication from professionals. These amendments have been made to encourage parties to seek confidential assistance from health and other professionals by expressly safeguarding against disclosure of sensitive disclosure and the misuse of health information.

Key Takeaways

The amended Family Law Act includes the following changes:

1. Defines pets as a specific type of property and sets out guidelines regarding ownership.
2. The addition of domestic violence in property settlements and the inclusion of financial abuse as a form of domestic or family violence.
3. Changes to divorce to make the process easier, including removing the need for  counselling if married less than 2 yrs and the need for sole applicants to appear in court.
4. Changes to maintenance orders, including the consideration of domestic violence when awarding spousal maintenance.
5. Changes involving evidence in child related proceedings and the inclusion of children’s hearsay evidence.
6. The expansion of matters that can be dealt with in a court-ordered arbitration.
7. The necessity to disclose property and financial matters in a timely fashion.
8. The establishment of an accredited scheme for child contact services.
9. New rules and definition of protected confidences to encourage disclosure and protect against the misuse of sensitive disclosures and health information.

How can BSM Sydney Lawyers assist you?

The expert family lawyers at Brander Smith McKnight Sydney Lawyers understand that issues revolving family can be emotionally draining and complex. Our family and parenting legal team take a compassionate and empathic approach to guide you in reaching an outcome that is best suited to you. We take pride in resolving matters outside of court, avoiding heavy and unnecessary legal costs. Our lawyers also ensure to keep up to date with all and recent amendments to the law, to guide you efficiently and effectively. The family lawyers at BSM Sydney lawyer offer a free, no obligation, 20-minute consultation to discuss your case. The deeply held philosophy held by Brander Smith McKnight family lawyers is to avoid court litigation by using alternate dispute resolution techniques, especially negotiation. This saves you time, stress and money. We are proud of our over 95% rate of settling family matters without going to court.

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BSM Lawyer Sydney have conveniently located offices in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.