Fur Babies, Financial Abuse & Faster Divorces: Major Changes to Family Law You Need to Know

Following the significant parenting reforms introduced in May last year, the Family Law Amendment Act 2024, which came into effect on 10 June 2025, has now introduced a broad range of amendments relating to property matters under the Family Law Act 1975. These changes are important for separating parties (and their lawyers) to understand moving forward.

So, what are the key amendments?

1.      Companion Animals

While pets have previously been considered “property” under the Act, the recent amendments acknowledge their emotional significance by introducing a new category: “companion animals”.

Companion animals are defined as animals kept for companionship in a marriage or de facto relationship. Notably, they do not include:

• Assistant animals (i.e. guide dogs)

• Animals kept as part of a business (i.e. for breeding or sale)

• Animals kept for agricultural purposes (i.e. livestock)

Although still technically classified as property, the Court must now consider a range of new factors when determining ownership of a companion animal, including:

• The circumstances in which the animal was acquired

• Who currently has possession

• Who has cared for and maintained the animal

• Whether there has been any cruelty or abuse (including any threats)

• The attachment a party or child has to the animal

• Each party’s ability to care for the animal

While the Act does not allow for shared “custody” of pets, the Court may order sole ownership or alternatively direct the sale or transfer of the animal.

2.      Family Violence

A key focus of the reforms is addressing family violence, particularly its impact on financial and non-financial matters in separation.

The updated legislation now:

• Expands the definition of family violence to include financial abuse, such as the unreasonable denial of financial autonomy and dowry abuse.

• Makes official a long-standing approach used by the courts, by clearly stating in the law that judges must consider how family violence has affected:

  (a)   A person’s ability to contribute during the relationship (including financial and non-financial contributions) and

  (b)   What kind of spousal maintenance should be ordered

Parties will still need to prove that family violence occurred and show how it affected their contributions.

3.      Divorce Process

Two significant changes have been introduced to streamline the process:

• Parties are no longer required to attend divorce hearings simply because they have children under 18

• Couples married for less than two years are no longer required to file a certificate proving they’ve attempted counselling before filing for divorce

These changes help reduce the cost, complexity, and emotional strain of the divorce process, recognising that not all relationships need court attendance or mandatory counselling to reach resolution.

If you’re navigating a family law property settlement or want to understand how these reforms may affect your situation, contact us on (03) 9629 7411 to speak with one of our experienced Family Lawyers.