We’ve recently been sharing some of the changes coming to the Family Law Act 1975 (Cth) over the past few weeks. Some of these changes will bring a sigh of relief to those whom they affect, while other changes may have a smaller impact overall.
If you are curious about these changes and how they will impact your matter, then hopefully this information will help you and give you a broader understanding overall.
Financial & Property
The changes will mostly affect those couples going through separation and divorce and resolving their financial and property disputes, particularly where family violence is a factor.
If you are going through a separation where there is evidence of family violence, courts will have to make clear that the effects of domestic and family violence are considerations in the division of assets. The Family Law Act will also now expressly define the terms economic or financial abuse, while also including dowry abuse as a form of financial abuse. Dowry abuse for example, is where in arranged marriages a spouse uses the dowry (be it a lack of or threats to return it) to enact violence on the other person.
Pets
One of the most talked about changes and certainly one that has seen a lot of attention is the change to the Family Law Act determining how we view pets in relationships. While most of us would agree that pets really are a part of the family, the Court will also now move towards a similar belief.
The Courts will now have a framework in place to determine how pets are considered in the breakdown of a relationship and will now be referred to in the Family Law Act as companion animals as opposed to property. Family violence will also be a factor to be considered in determining the best interests of the pet as well as the pet’s safety, well-being and the like.
Duty of Disclosure
The duty of disclosure was previously referred to in the Family Law Rules and has now been solidified within the Family Law Act itself. This means that the obligations of disclosure will be better understood by parties in financial disputes in an effort to improve compliance. Disclosure is a compulsory step when engaging in financial and property disputes and requires all parties to disclose any and all assets, funds, inheritances etc. Failure to disclose an asset, or divesting an asset, in order to exclude it from settlement can result in serious penalties and potentially dismissal of the case.
The changes will be in full effect from 10 June 2025 with some of the changes having taken effect 11 December 2024. The changes will also apply to all matters – new and existing – so are retrospective. If you would like to discuss the changes and how they might effect your matter, get in touch with us or book an appointment with one of our solicitors online.
Seth Harlen
Solicitor, Harriss Jones Lawyers
