Legislative changes to property settlements in Family Law come into force on 10 June 2025.
The changes affect how the court determines post-separation property settlements and what it must consider when making determinations that are just and equitable between the parties.
Key changes relate to the impact of family violence in determining the assessment of a party’s financial and non-financial contributions to their relationship.
There has been an expansion of the legislative definition of family violence to include economic and financial abuse in a relationship.
There are now additional factors the court considers when assessing just and equitable property settlements that impact the current and future circumstances of the parties including:
- The effect of family violence on a party’s current and future circumstances.
- The effect of intentional or reckless wastage of financial resources.
- The nature of liabilities, the circumstances relating to such liabilities, and the impact of those liabilities on the financial future of the parties.
- The need of either party to provide housing for children under the age of 18 years.
This means that the court will identify each party’s legal and equitable rights, interests, liabilities and what each party contributed before, during and after the relationship. The impact of family violence, which is now more broadly defined, will be a consideration in the parties’ financial and non-financial contributions to their relationship.
Pets or companion animals are also impacted by the new legislation. There cannot be joint ownership of pets, and the determination of ownership will include factors relating to any history of actual or threatened abuse towards a pet, the degree of attachment to the pet and future ability to care for the pet.
Family law is a complex jurisdiction that requires a high degree of expertise, wisdom and empathy, best served through the engagement of accredited specialists in the field.
