Costs, State Rules and 2026 Checks
Family Law Act property changes from 10 June 2025: the section 79 steps, family violence and disclosure
What the Family Law Amendment Act 2024 changed for property settlements from 10 June 2025, including the codified section 79 steps, family violence, companion animals and the duty of disclosure.
Since 10 June 2025, property settlements under the Family Law Act 1975 follow steps that are written into the Act itself. The Family Law Amendment Act 2024 amended section 79 (and the matching de facto provision, section 90SM) so that the court must: (1) identify the existing legal and equitable rights and interests in property, and the liabilities, of the parties; (2) take into account contributions (s 79(4)) and current and future circumstances (s 79(5)); and (3) make an order only if it is just and equitable. The amendments also require the court to consider the effect of family violence on a party's ability to contribute and on their current and future circumstances, add material wastage and liabilities as express considerations, create special rules for companion animals, and put the duty of disclosure into the Act (ss 71B and 90RI). These rules apply to proceedings decided after commencement, including many started before it.
This guide summarises the law as compiled on the Federal Register of Legislation (compilation in force from 10 June 2025). It is general information, not legal advice.
The steps, as now written in section 79
| Step | What the Act says | What it means in practice |
|---|---|---|
| Identify | The court is to identify the existing legal and equitable rights and interests in any property of the parties, and their existing liabilities (s 79(3)(a)) | List every asset, super interest and debt, with values, whoever holds them |
| Contributions | Financial and non-financial contributions to acquiring, conserving or improving property, contributions to the welfare of the family as homemaker or parent, and the effect of any family violence on a party's ability to make those contributions (s 79(4), including para (ca)) | Who brought what into the relationship, who earned, who cared for children and the home, and whether violence made contributing harder |
| Current and future circumstances | A long list in s 79(5), starting with the effect of family violence on the other party's current and future circumstances, then age, health, income and earning capacity, care of children under 18 and the need to house them, material wastage caused intentionally or recklessly, liabilities incurred, and others | Adjustments for the party with lower earning capacity, ongoing care of children, or losses caused by the other party |
| Just and equitable | The court must not make an order unless it is satisfied that, in all the circumstances, it is just and equitable to do so (s 79(2)) | The final check; no order if the existing arrangement is already fair |
Before June 2025 the courts followed a similar approach developed through case law, sometimes described as a four-step process. The codified version changes the emphasis rather than starting from a blank page, but practitioners treat the express family violence and wastage factors as significant.
Family violence
The Act defines family violence in section 4AB as violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful, and lists examples that include financial abuse, such as unreasonably denying financial autonomy or withholding financial support. Under the amended section 79:
- In contributions, the court considers the effect of family violence to which one party subjected or exposed the other on that party's ability to contribute.
- In current and future circumstances, the court considers its effect on the other party's circumstances, such as health, earning capacity or housing needs.
Evidence matters. Courts look at police reports, protection orders, medical records, messages and the parties' own evidence. If you have experienced family violence, tell your lawyer early, and consider safety planning. The national line 1800RESPECT (1800 737 732) provides counselling and referrals.
Wastage and liabilities
Section 79(5) now names:
- material wastage, caused intentionally or recklessly by a party, of property or financial resources, for example gambling losses or deliberately selling assets below value; and
- liabilities incurred by either party, including whether they were incurred jointly or for the household.
A party who wastes assets can expect the loss to be considered when the pool is divided.
Companion animals
Pets were treated as property. From 10 June 2025, s 79(6) and (7) let the court order that only one party owns a companion animal, that it be transferred to a consenting third person, or that it be sold, and list considerations such as who cared for and paid for the animal, any family violence, any history of cruelty or threats to the animal, and a child's attachment to it. The court cannot make shared ownership or "custody" orders for pets.
The duty of disclosure
Each party has a duty to make full and frank disclosure of all information relevant to the financial issues, including property, income, financial resources and liabilities. Before 2025 this duty was in the court rules; it is now in the Act (s 71B for married couples, s 90RI for de facto couples). It applies before proceedings are started as well as during them. Failing to disclose can lead to costs orders, adverse findings, orders being set aside and, in some cases, contempt.
Practical documents usually exchanged:
- 12 months of bank, credit card and loan statements
- tax returns and notices of assessment for recent years
- payslips, business financial statements and BAS
- super statements, and a superannuation information request where needed
- valuations of real estate, businesses and vehicles
Other 2024–25 family-law changes to know
- Parenting: the Family Law Amendment Act 2023, in force from 6 May 2024, removed the presumption of equal shared parental responsibility and simplified the best-interests factors. Parenting and property remain separate questions.
- Smaller property cases: the Federal Circuit and Family Court of Australia runs simplified pathways for smaller property pools. Check its current practice directions for eligibility, because procedures change more often than the Act.
- Time limits did not change: 12 months after a divorce order takes effect, 2 years after a de facto relationship ends. See missed family-law time limits.
Worked illustration
A couple separated in 2025 after a 14-year marriage. The net pool is $980,000. Contributions during the marriage are assessed as roughly equal. In current and future circumstances, the wife has the main care of two children and lower earning capacity, and there is evidence that the husband's controlling behaviour limited her ability to work. A negotiated outcome of 57/43 in her favour is reached at mediation, rather than the 52/48 the husband first proposed. Try the dollar effect of different percentages in the property settlement split calculator and read the full property settlement worked example. The percentages are illustrative; no formula fixes them.
FAQ
Do the new rules apply if we separated before June 2025?
The amendments generally apply to proceedings and orders made after 10 June 2025, whenever the separation occurred. Check transitional provisions with a lawyer if your case was already well advanced.
Does family violence automatically mean a bigger share?
No. The court must consider its effect on contributions and circumstances. The adjustment depends on the evidence and on how the violence affected the person.
Is a binding financial agreement affected?
The changes concern court orders under section 79 and 90SM. A valid binding financial agreement is still a separate route, with its own requirements and grounds for setting aside.
Sources
- Federal Register of Legislation — Family Law Act 1975 (compilation in force from 10 June 2025), Family Law Amendment Act 2024
- Federal Circuit and Family Court of Australia — property proceedings, disclosure and practice directions
- Attorney-General's Department — family law reform explanations
- 1800RESPECT — family violence support
- Related: property settlement worked example, super splitting, de facto relationships, overview
