Late last year, the Family Law Amendment Act 2024 was passed by the Australian Parliament, bringing some big changes to the family law system. These changes update the Family Law Act 1975, which covers family law matters like divorce, parenting and custody arrangements, property settlements, and more. Many of the changes commenced from 10 June 2025.

There are a lot of changes but below is a summary of 3 important changes.

Pets and Companion Animals

Prior to the changes, pets were treated as personal property, in the same way as other personal property like cars and furniture. The Family Law Act has now been updated to include a definition of “companion animals” The Court has three options when making orders in relation companion animals: (1) that one of the parties to the relationship takes full ownership of the companion animal; (2) that a companion animal be given to a third party; (3) that the animal be sold. There is no provision for shared care of the pet between the parties.

When making orders in relation to a companion animal the Court can consider the following factors: (1) The circumstances surrounding the acquisition of the animal, for example who paid for it or whether it was a gift (2) ownership or possession of the companion animal (3) the degree to which each party cared for the companion animal and paid for the animal’s expenses (4) the attachment of any persons to the animal (5) the capacity to care for and maintain the animal in the future (5) any other factor or circumstance.

Key Points:

• Companion animals do not include animals used for farming, business, or assistance animals.
• These rules apply for both married and defacto couples.

Broader Focus on Family Violence

The amendments establish an expanded definition of family violence under the Family Law Act. It still includes physical and emotional harm but now also includes new examples such as 

• Controlling someone’s money or assets.
• Preventing someone from earning an income
• Withholding money for essential living expenses
• Forcing someone to take on debts
• Coercing someone to pay or give things as a dowry.
• Hiding or lying about dowry-related transactions

Key Points:

• Family violence is defined beyond physical and emotional harm.
• Family violence can be considered by the Court when deciding how to divide property or when considering a claim for spousal maintenance.

Changed Considerations for Property Settlement

As part of determining property / financial settlement the Court considers a range of factors within a set framework Many of the factors the court considers will stay the same but some new ones will also be added. Some of the new factors that are now specifically included in the amendments are:

• Family violence: Its effect on the person’s circumstances now and in the future
• Wastage: Where a party wasted money recklessly (e.g., gambling or excessive spending)
• Liabilities: Any debts either person has, and the reasons behind them
• Appropriate Housing : Who has care of any children under 18, including the need to provide appropriate housing for them.

Key Points:

• The same deadlines for making an application to the Court for property / financial settlement will still apply.
• The Court will continue to ensure that any property / financial settlement is fair and just.

Questions

If you have questions about the amendments to the Family Law Act, you can visit New Way Lawyers Lunch with a Lawyer Facebook group here.

Every weekday lunchtime between 12 noon and 1pm a family lawyers is online to answer questions about family law. You can ask your questions in the group, by private message or anonymously.