Changes to the Family Law Act from June 2025 Significant changes to the Family Law Act from June 2025 include how the courts deal with family pets, a 4 step-rule in property settlement matters and consideration of domestic violence in making decisions about property and spousal maintenance matters. Family Pets Until now, when Australian Courts […]
Changes to the Family Law Act from June 2025
Significant changes to the Family Law Act from June 2025 include how the courts deal with family pets, a 4 step-rule in property settlement matters and consideration of domestic violence in making decisions about property and spousal maintenance matters.
Family Pets
Until now, when Australian Courts exercising jurisdiction under the Family Law Act, dealt with disputes over who keeps the pets of separating couples, decisions were usually based on what the pets were worth. All animals were considered as property and the consideration of a Judge in determining where the pet ended up primarily was about their value.
There was nothing in the Act which dealt with the emotional attachment to the family dog, cat or budgie. Instead, if there was no agreement, the poor pet was considered in the light of the ordinary principles of settling disputes over relationship property. This has led to difficulties for courts trying to deal with the often-emotional attachment of parties and their children to the family pooch or moggie in reaching a decision that was not too distressing for all involved. The court was required to look at issues such as who paid for the pet, who provides the majority of care and other issues without any guidance to be found in the Act itself.
Changes to the Family Law Act to come into effect this June now require a different consideration for animals that meet the definition of a companion animal. The definition of a companion animal is one which is kept primarily for companionship. It does not include an assistance animal, or an animal kept as part of a business. It also does not include an animal that is kept for multiple purposes such as a sheepdog used to herd sheep on a farm that was also considered as a member of the family.
In determining what should happen to a companion animal, courts must consider such issues as any actual or threatened abuse towards the animal, any attachment by a child or a party of the relationship to the companion animal and the ability of the parties to provide appropriate care to the companion animal.
4-step Rule in Property Settlement
Other changes to the Act to come into effect in June 2025 include the codification of the 4 step-rule in property settlement matters and the consideration of domestic violence factors in making decisions about property divisions upon separation and in spousal maintenance matters.
The courts have long followed previous judgements setting out the process for determining how parties to a relationship should resolve their property settlement disputes by adoption of a 4-step approach. The new changes now clearly set out in the legislation that these steps are to be followed, making it less difficult for non-lawyers to find.
The first step a court must take is to identify the assets and liabilities of the relationship. Secondly, the court must consider the contributions made by the parties towards the accumulation of the overall financial position and thus what adjustment should be made to the assets and liabilities based on a consideration of those contributions. Then there is a consideration of the future needs of the parties and whether this requires any further adjustment and if it is just and equitable to do so. Finally, the court determines the overall percentage split of the relationship property and how that is to be achieved.
Domestic Violence in Property Settlement and Spousal Maintenance
The other significant change to the legislation relates to how the court deals with domestic violence in adjusting the property between separated couples. Over the years some cases have been decided on this topic and have allowed an adjustment in property settlements due to the financial impact upon parties who have been the subject of domestic violence from their former partner in the relationship. However, there was no guidance in the Act as to when and how this should be done. The change in the Act to come into effect in June 2025, sets out that courts are able to consider the financial impact of domestic violence on their current and future circumstances. This allows for a widening of the consideration of the financial impact of domestic violence in both property settlement and spousal maintenance applications to the court.
Changes in Financial Matters
Other changes to the Act to come into effect in June include detailing how the court deals with parties wasting assets, the nature of liabilities incurred and their future impact upon the parties, the need to provide appropriate housing for children under the age of 18 years and the duty of disclosure of financial information and documents in financial matters.
Changes in Parenting Matters
Lastly, the process for the court to adopt “less adversarial” approaches in parenting matters has been expressly set out. The less adversarial approach relates to how trials are conducted and how evidence is received in an attempt to reduce the stress of the court proceedings. With the consent of the parties, the less adversarial approach can be adopted in financial matters. For lawyers practising in the area of Family Law, we must factor in the changes to the Act in advising our client as to their rights and with respect to any proposed settlements.
For further information on these changes contact Ian Charman (author and Head of Family Law at Adelta Legal) or one of our Family Law experts:
Accredited Family Law Specialist
e: icharman@adelta.com.au
p: (08) 8415 5024
Accredited Family Law Specialist
BA. LL.B. GDLP
Ian was admitted to practice in 1987 and brings a wealth of experience to Adelta Legal. He joined Adelta Legal in October 2018 after several different practices in the Adelaide city and at Gawler. Ian spent 18 years practising in his own practice before merging with Adelta Legal to expand the Family Law Section. He is one of a few Accredited Specialists in Family Law practising in South Australia. He is also a qualified Independent Children’s Lawyer and regularly appointed to represent the best interests of children in complex family law matters.
Ian is a skilled and persuasive advocate appearing regularly in the Federal Circuit and Family Courts.
In the past, Ian has been a member of the Law Society’s Family Law Committee. He has also written and presented papers for the further legal education of other lawyers in the area of Family Law. He has been a member of the Family Law Section of the Law Council of Australia and been a member of a discussion panel to the National Conference of Independent Children’s Lawyers.
Ian’s approach to the practice of family law is to provide appropriate advice to his clients as soon as possible to try to ensure the best result as quickly and cost-effectively as possible.
Ian practices in matters involving disputes between parents and care givers over children, property settlements and spousal maintenance.
Ian’s experience and expertise enables him to quickly get to the core of most disputes and to avoid being bogged down in a paper war. He tries at all times to keep the focus upon the client’s bottom line and to maintain a sensible, common sense approach to the practice of the law.
Contact Ian Charman
Consultant
e: cmhokin@adelta.com.au
p: (08) 8415 5033
Consultant
LL.B, BA (Jur), BA (Hons)
Catherine has more than 25 years of experience practising in family law and civil litigation.
Catherine was admitted in 1995 having gained a Bachelor of Arts (Jurisprudence) with Honours in Politics and a Law Degree with Honours at the Adelaide University.
Catherine joined the firm when Lempriere Abbott McLeod merged with Adelta Legal in 2021.
Along with expertise in all areas of family law, Catherine has substantial experience in general civil litigation including property matters and professional negligence.
Catherine is committed to providing support and a high standard of professional service to clients in the following areas:
Catherine is a member of the Family Law Section of the Law Council of Australia and the Australian Association of Collaborative Professionals.
Contact Catherine Hokin
Senior Associate
e: cleis@adelta.com.au
p: 8415 5004
Senior Associate
B.A., LL.B.(Hons)
Catherine has over 20 years of experience and expertise in all aspects of family law. She has a Bachelor of Arts and Bachelor of Laws (Hons) from Adelaide University.
Catherine provides pragmatic and empathetic advice to individuals during their relationship, after a separation and if they are having difficulties with parenting arrangements.
Being raised on the Eyre Peninsula in South Australia Catherine understands the specific challenges faced by those in rural and regional areas. She has assisted many metropolitan, rural and agricultural clients to navigate the complexities of family law especially where there is intergenerational business or farming enterprises including companies, trusts and self managed superannuation funds.
Catherine can provide specialised assistance in the following areas:
Being Adelaide metropolitan based since 2012, Catherine has raised two children who have experienced both city and country living like her. They are all avid travellers and campers.
When she can, Catherine likes to get away with friends and family to explore the wide brown land, South Australia’s wineries, restaurants and especially the gin distilleries.
Catherine is a qualified mediator having successfully completed the AIFLAM mediation program in October 2023.
She is a member of Family Law Section; Law Society of SA; and AIFLAM and she is on the Practice & Ethics Committee of Law Society
Contact Catherine Leis
