If you are separating or are considering separation, you should know about the Family Law Amendment Act 2024 since the changes came into effect on 10 June 2025 and relate to the way in which some property issues, such as family violence, are handled.
This guide covers the latest family law amendment Australia, including changes to property settlements, family violence, superannuation, parenting and Consent Orders. We also explain the key family law changes in Australia and what they may mean if you are separating.
What Is the Family Law Amendment Act 2024?
The Family Law Amendment Act 2024 is about how property and finances are handled when a relationship ends. It matters when former partners are working out what happens to their home, savings, debts and other assets.
When Did the Family Law Amendment Act 2024 Start?
The Act received Royal Assent on 10 December 2024. The changes relating to property started on 10 June 2025. Other changes took effect later.
What Changed Under the Latest Family Law Amendment?
Property settlements are one of the main areas covered by the Family Law Amendment. There are also changes relating to family violence, superannuation and financial disclosure.
Changes to How Property Settlements Are Determined
What happens to your property after separation will depend on your particular circumstances. Things such as the assets and debts you have, what each person contributed during the relationship, and your finances afterwards can all affect the final settlement.
Greater Recognition of the Economic Impact of Family Violence
The Family Law Amendment provides that where appropriate the economic effects of family violence must be taken into account. Economic or financial abuse is also explicitly recognised as part of the definition of family violence.
Changes Affecting Superannuation Splitting
Superannuation is usually one of the issues that has to be settled when a relationship comes to an end, and the new rules also affect the way in which some superannuation interests are assessed during the process.
Other Changes to the Family Law Framework
The changes also cover family pets, financial disclosure, court case management and sensitive information. These issues may not arise in every separation, but they can become relevant when a matter goes before the court.
Who Is Affected by the Family Law Amendment?
The Family Law Amendment applies to couples who are separating and are handling property or financial issues within the federal family law system, regardless of whether the parties negotiate on their own, make use of dispute resolution or have the matter decided by the court.
How Does the Family Law Amendment Affect Property Settlements?
There is no set percentage under the Family Law Amendment for dividing property after a separation. What each person receives will depend on their circumstances, including the property they have, their contributions and what their finances look like after separation.
What Factors Are Considered in a Property Settlement?
The answer can vary from one couple to another. The court may look at what you both own and owe, the contributions each of you made during the relationship, your family responsibilities and what your financial situation is likely to be going forward.
Does Family Violence Affect a Property Settlement?
Yes, and where appropriate the economic impact of family violence may be taken into account when evaluating the contributions and the other party's present and future situations. Likewise, economic or financial abuse may be relevant.
Does the Amendment Mean Property Will Be Divided 50/50?
On the contrary, the reforms do not result in a fixed 50/50 split of the property; instead, each case has to be judged in the light of its particular circumstances, the contributions made, the financial position and other pertinent factors.
Does the Family Law Amendment Affect Parenting Arrangements?
If children are involved, the 2024 changes are not the part of the law you need to look at. Parenting arrangements still follow the existing rules, including what is best for each child.
Does the Family Law Amendment Affect Divorce?
Not when it comes to the 12-month separation rule. You still generally need to be separated for at least 12 months before applying for divorce, although the Act also made some changes to divorce-related court procedures.
What Does the Family Law Amendment Mean for Consent Orders?
Couples who have come to an agreement regarding property or parenting arrangements may choose to enter into Consent Orders. These orders can put the agreement into formal terms and create legally enforceable provisions instead of relying on an informal arrangement.
What Should You Do If You Are Separating After the Family Law Amendment?
Begin by listing your assets, liabilities, superannuation, and any other financial interests and make sure you keep appropriate financial records. It is advisable to get legal advice early on in order to understand how the changes might affect your particular situation before you agree to a settlement.
Do I Need a Family Lawyer Because of the New Amendment?
You have no need to get a lawyer just because the law has changed. On the other hand, it can be worthwhile to obtain professional advice in cases involving property, superannuation, family violence, complex assets or substantial financial interests. Experienced family lawyers Sydney will be able to help you to understand your position and to evaluate the practical ways of resolving the issue.
Visit Bennett Family Law on Google
If you are looking for family law Sydney advice, you can visit Bennett Family Law on Google to learn more about the firm, its services and client experiences. Bennett Family Law is a Sydney-based practice focusing on separation, property settlements, parenting arrangements, divorce and Consent Orders.
FAQs
What is the latest family law amendment in Australia?
The Family Law Amendment Act 2024 made some important changes to property matters. The main changes started on 10 June 2025, including changes around family violence and property settlements.
When did the latest Family Law Amendment take effect?
The Act received Royal Assent on 10 December 2024. For property matters, the new rules have applied since 10 June 2025.
What did the Family Law Amendment Act 2024 change?
It clarified property settlement processes, recognised family violence and economic abuse, changed disclosure requirements, and introduced other property and procedural reforms.
Does the new family law amendment affect property settlement?
Yes. The reforms clarify how courts assess property settlements and require relevant factors, including the economic impact of family violence, to be considered.
Does family violence affect property settlement under the new law?
Yes. Where relevant, courts can consider the economic effect of family violence when assessing contributions and the parties’ current and future financial circumstances.
Does the amendment mean property is divided 50/50?
No. The amendment does not introduce an automatic 50/50 division. Property outcomes depend on contributions, circumstances, liabilities and whether the result is just and equitable.
Does the Family Law Amendment affect parenting arrangements?
No. Parenting is not what the 2024 changes are about. The existing rules still apply when parents work out arrangements for their children, including what is in the child’s best interests.
Do I need a family lawyer for a property settlement?
No, it is not a requirement. You can reach an agreement yourself, although legal advice can be useful if you are unsure about the deal or what you may be entitled to.
Can Consent Orders be used for a property settlement?
Yes. Consent Orders can be used when both sides have agreed on the property settlement. The agreement is not legally binding as an order until the Court approves the application.
Where can I get family law advice in Sydney?
Bennett Family Law offers family law advice in Sydney on property settlements, parenting matters, divorce and Consent Orders.
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