Introduction
Australia just rewrote how courts divide property after separation, for the first time in a generation. The reforms arrived in two waves: parenting changes on 6 May 2024, then sweeping property changes on 10 June 2025 (Attorney-General's Department). Most people don't know which rules now apply to them, or that family violence and financial disclosure are now written directly into the law. This guide maps every change in plain English, so you can see exactly what's different and what it means if you're separating in 2026.
TL;DR: The Family Law Amendment Act 2024 commenced on 10 June 2025, the largest change to property law since 1975. Courts must now weigh the economic effect of family violence when dividing property, full financial disclosure is written into the Act, and the 2-year post-marriage divorce limit is gone (Attorney-General's Department, 2025).
What Are the New Family Law Changes in Australia?
The changes came in two stages. The Family Law Amendment Act 2023 reshaped parenting decisions from 6 May 2024, and the Family Law Amendment Act 2024 overhauled property settlement from 10 June 2025 (Attorney-General's Department). Together they're the biggest reform to Australian family law since the Family Law Act 1975 first introduced no-fault divorce.
Who's affected? Almost anyone separating, whether married or de facto. With 47,216 divorces recorded in Australia in 2024 (Australian Bureau of Statistics), and many more de facto separations, these rules touch hundreds of thousands of people each year. The reforms don't just tweak procedure. They change what courts must consider, what you must disclose, and how your past experience of the relationship is weighed.
The Family Law Amendment Act 2024 commenced on 10 June 2025, following the parenting-focused Family Law Amendment Act 2023, which began on 6 May 2024 (Attorney-General's Department). Together they represent the most significant overhaul of Australian family law since 1975, affecting how property is divided, how children's arrangements are decided, and what financial information separating couples must disclose.
How Does Family Violence Now Affect Property Settlement?
From 10 June 2025, courts must consider the economic effect of family violence, including financial and economic abuse, when dividing property (Federal Circuit and Family Court of Australia). For the first time, the impact of abuse on a person's finances is an explicit factor the law requires judges to weigh. This is the headline change of the entire reform.
The new test works in two directions. A court must look at how family violence affected each party's contributions during the relationship, and how it affects their current and future circumstances. So if abuse made it harder for someone to work, save, or build a career, that disadvantage now counts. The Act codifies the long-term emotional, psychological and financial impact of abuse, and asks whether a person faces barriers to employment, housing or financial stability because of it.
Under changes effective 10 June 2025, Australian courts must consider the economic effect of family violence, including financial abuse and coercive control, when determining a property settlement (Federal Circuit and Family Court of Australia, 2025). The court weighs both the impact on each party's past contributions and on their future circumstances, which can result in a larger asset share for someone disadvantaged by abuse.
Isn't this what good lawyers already argued? Sometimes, but it was discretionary and inconsistent. Writing it into the Act means every court must now address it, not just the sympathetic ones.
What Is the New Four-Step Property Framework?
The 2024 Act sets out a clear four-step process courts must follow. They must identify all property and liabilities, assess each party's contributions, assess current and future circumstances, and then decide what division is just and equitable (Federal Circuit and Family Court of Australia). The framework turns decades of case law into plain statutory steps.
Here's what each step involves in practice. Step one is the full asset pool: the home, super, vehicles, businesses, and debts. Step two weighs financial contributions alongside non-financial ones, including homemaking and parenting. Step three looks forward to age, health, earning capacity, and who cares for the children. Step four ties it together into a fair result, which is rarely a simple 50/50.
The Family Law Amendment Act 2024 codifies a four-step property settlement process: identify all property and liabilities, assess each party's contributions, assess current and future circumstances, and determine a just and equitable division (Federal Circuit and Family Court of Australia, 2025). Previously drawn from case law, this framework is now written into the Act, giving separating couples a clearer picture of how courts reach a decision.
Do You Now Have to Disclose All Your Finances?
Yes, and it's no longer just a court rule. From 10 June 2025, the duty of full and frank financial disclosure is written directly into the Family Law Act (Attorney-General's Department). The obligation itself hasn't changed in substance, but moving it into primary legislation signals how seriously courts now treat it.
What does that mean for you? Every asset, debt, income source and financial resource must be disclosed completely and honestly. The duty is ongoing, so you can't disclose once and forget it as circumstances shift. Hiding assets carries real consequences: courts can draw adverse inferences, assume undisclosed assets exist, and adjust the outcome against the party who concealed them.
Most coverage treats the property and parenting reforms as separate stories. They're really one arc. The law is steadily shifting from rigid presumptions toward an individual, evidence-led assessment of each family's reality, and disclosure is the engine that makes that possible.
As of 10 June 2025, the duty of full and frank financial disclosure is expressly written into the Family Law Act and applies to all financial and property disputes after separation (Attorney-General's Department, 2025). Each party must disclose every asset, liability and income source honestly and on an ongoing basis, and courts can penalise non-disclosure by drawing adverse inferences against the party hiding information.
What Changed for Parenting Arrangements?
Since 6 May 2024, equal shared parental responsibility and equal time are no longer presumed, and the child's best interests govern every decision (Victoria Legal Aid). The old presumption that often pushed parents toward 50/50 arrangements is gone. Courts now decide what genuinely suits each child.
The reform also simplified the list of factors a court must consider when deciding what's in a child's best interests. Safety sits at the centre. Decisions about long-term issues such as schooling, health, religion, and where a child lives no longer start from an assumption of joint decision-making. Instead, the arrangement depends on the facts of each case and what protects and benefits the child.
Since the Family Law Amendment Act 2023 commenced on 6 May 2024, courts no longer presume equal shared parental responsibility or equal time; the child's best interests are the paramount consideration (Victoria Legal Aid, 2024). Parenting arrangements now turn on the facts of each case, with the child's safety and wellbeing, not a default 50/50 split, driving the outcome.
What Other 2025 and 2026 Changes Should You Know About?
Several smaller but practical changes also took effect. The 2-year limit on applying for a divorce within marriage has been repealed, courts now have a framework for deciding ownership of family pets, and a less-adversarial approach is available in property matters (Federal Circuit and Family Court of Australia; Bartier Perry). Each removes a friction point that tripped up separating couples.
The pet provisions matter more than they sound. Companion animals were previously treated as ordinary property, which often led to painful disputes. Courts can now consider factors like who cares for the animal. The less-adversarial option lets judges manage evidence and proceedings more directly, which is particularly valuable where family violence is present and a combative trial would cause further harm.
Beyond property and parenting, the June 2025 reforms repealed the 2-year limit on divorce applications within marriage, introduced a framework for deciding ownership of family pets, and gave courts discretion to use a less-adversarial approach in property cases (Federal Circuit and Family Court of Australia, 2025). These changes reduce procedural barriers and aim to make proceedings safer where family violence is involved.
What Should You Do If You're Separating in 2026?
Start with your financial records. Because full disclosure is now a statutory duty, gathering complete records of assets, debts, income and superannuation early will save time, cost and conflict (Attorney-General's Department). Preparation is no longer optional housekeeping. It's a legal obligation that shapes your outcome.
Three practical steps stand out. First, document everything financial, and keep it current as things change. Second, if you've experienced family violence, including financial control, note specific examples, because the economic effect can now influence your settlement. Third, get advice before agreeing to anything. The rules changed recently, and an agreement that seemed fair under the old approach may undersell your position today.
If you're separating in 2026, gather full financial records early, document any experience of family violence, and seek legal advice before agreeing to a settlement, because the rules changed substantially on 10 June 2025 (Attorney-General's Department, 2025). An independent family lawyer can confirm whether a proposed division reflects the new four-step framework and the economic effects of any abuse.
Frequently Asked Questions
When did the new family law changes start?
The changes arrived in two waves. Parenting reforms under the Family Law Amendment Act 2023 began on 6 May 2024, and property reforms under the Family Law Amendment Act 2024 commenced on 10 June 2025 (Attorney-General's Department). If you separated before these dates, transitional rules may affect which version applies to your matter.
Does family violence affect how property is divided now?
Yes. From 10 June 2025, courts must consider the economic effect of family violence, including financial abuse, when dividing property (Federal Circuit and Family Court of Australia). The court weighs how abuse affected both a person's contributions and their future circumstances, which can result in a larger asset share for the disadvantaged party.
Do the new property changes apply to de facto couples?
Yes. The property settlement framework under the Family Law Act applies to both married and de facto couples who separate (Attorney-General's Department, 2025). The same four-step process, family-violence considerations and disclosure duties apply, though de facto couples generally have two years from separation to apply for property orders.
Is full financial disclosure now compulsory?
Yes. As of 10 June 2025, the duty of full and frank financial disclosure is written directly into the Family Law Act and applies to every financial and property dispute (Attorney-General's Department). You must disclose all assets, debts and income honestly and on an ongoing basis, and courts can penalise anyone who conceals information.
Conclusion
Australia's family law system looks meaningfully different in 2026. The reforms moved away from rigid presumptions toward an individual, evidence-led assessment of each family, with safety and fairness at the centre. Knowing which rules apply to you is the first step to protecting your interests.
Key Takeaways:
- The reforms came in two waves: parenting (6 May 2024) and property (10 June 2025)
- Courts must now weigh the economic effect of family violence in property settlements
- A clear four-step property framework is written into the Act
- Full and frank financial disclosure is now a statutory duty
- Equal time and equal shared responsibility are no longer presumed in parenting cases
- The 2-year post-marriage divorce limit is gone, and pets get their own framework
Related Family Law Guides
- How Does Family Law Work in Australia? A Complete 2026 Guide: Overview of divorce, property, and parenting
- Property Settlement After Separation: Complete Step-by-Step Legal Guide: How the new four-step framework applies in practice
- Child Custody & Parental Responsibility in Australia: Detailed guide to the 2024 parenting changes
- How Much Does a Divorce Cost in Australia?: Full cost breakdown after the reforms
Ready to act on the new rules? Find a family lawyer in your area. For the bigger picture, read our complete guide to family law in Australia.