Understanding the Family Law Amendment Act 2024: Overhaul to Financial Provisions

From 10 June 2025, one of the most significant reforms to Australia’s family law financial provisions to date has come into force with the commencement of the Family Law Amendment Act 2024 (Cth).

one of the most important changes to the Act includes codifying the domestic violence considerations into the Act for financial property matters

This Act introduces sweeping changes to the Family Law Act 1975 (FLA), codifying key property settlement principles, clarifying the role of family violence, and improving accessibility for litigants, particularly those without legal representation.

Codification of the Property Settlement Framework

A centrepiece of the reform is the introduction of a codified decision-making framework for property settlements. This marks a notable shift from reliance on case law, which had long guided how courts determine financial disputes between separated couples.

The new section 79(3) (mirrored for de facto couples under section 90SM(3)) now sets out, on the face of the legislation, the key considerations courts must take into account:

• Identification of legal and equitable interests in property and liabilities

• Assessment of contributions (renamed “considerations relating to contributions”)

• Evaluation of “current and future circumstances” (formerly “future needs”)

  
  

Although the Act does not explicitly refer to the well-known four-step approach adopted in case law, its structure is intended to make the law more accessible, especially for self-represented parties unfamiliar with decades of case law.

Explicit Recognition of Family Violence

The Act significantly strengthens the legal response to family violence in property matters. For the first time, the FLA will include express provisions directing the court to consider the effects of family violence on a party’s contributions and their current and future circumstances.

New sections 79(4)(ca) and 79(5)(a) (and corresponding provisions for de facto couples) bring into focus the financial and personal impacts of violence. The amendments codify principles from cases such as Kennon v Kennon and its successors, reflecting the judiciary’s growing acceptance that violence can fundamentally alter a party’s contributions and entitlements.

An expanded definition of economic and financial abuse now includes conduct such as sabotaging employment, forcing liabilities onto a partner, or dowry-related coercion—ensuring these harms are expressly recognised as part of the assessment of the parties' respective contributions.

Companion Animals as Property

The reforms also introduce a dedicated framework for dealing with disputes over pets in property settlements. A “companion animal” is now defined as a specific category of property. Courts may consider factors including the care of the animal, any family violence, and attachment to children when determining ownership. This change departs from earlier authority (e.g. Downey & Beale) where animals were treated no differently from other chattels.

Clarifying Current and Future Needs

The previous “future needs” considerations under s 75(2) (for maintenance) and s 90SF(3) (for de facto partners) have been rebranded and integrated into a new s 79(5) for property settlements. These now include clearer guidance on issues such as:

• Housing needs of children

• Material wastage (defined as reckless or intentional dissipation of assets)

• A party’s liabilities

The language used is modernised, with provisions designed to eliminate overlap and reduce ambiguity across the FLA’s multiple parts.

Other Significant Changes

• Costs Orders: Section 117 is repealed and replaced with Section 114UB consolidating costs considerations within the Act and aligning them with court rules

  
  

• Duty of Disclosure: Parties now have a statutory duty under the FLA to give full and frank financial disclosure, bringing into the legislation what was previously only found in the Rules. This strengthens transparency obligations at all stages of financial proceedings.

  
  

• Arbitration: Arbitration is expanded to allow for broader application across more types of proceedings, including superannuation and enforcement actions, resolving the previously inconsistent treatment of arbitrable matters.

  
  

• Superannuation: Amendments remove outdated references to the “low rate cap” and empower the Minister to direct trustees to update actuarial valuation formulas, aiming to ensure more accurate superannuation splits.

  
  

• Case Management & Filing Rules: Courts will no longer accept certain applications unless the s 60I exemption criteria are met. Less Adversarial Trial procedures will now apply to property disputes, not just child-related proceedings.

  
  

Conclusion

These changes follow a series of government inquiries, including the ALRC’s Family Law for the Future report (2019) and the Henderson Inquiry into family violence. A key aim is to improve clarity for users of the family law system—especially self-represented litigants—by embedding decision-making principles into the legislation itself.

While the Act stops short of explicitly adopting the four-step process or identifying relevant case law, it represents a marked shift toward legislative clarity. Family violence is no longer a peripheral factor—it is central to the analysis in both contribution and needs-based assessments. Companion animals, economic abuse, and clearer disclosure rules are all part of this evolving, more responsive family law framework.

Practitioners and parties alike will need to engage closely with these provisions, as they herald a more structured and transparent approach to resolving property disputes in the aftermath of relationship breakdown.