The Family Law Act 1975 has been amended twice in two years. The Family Law Amendment Act 2023 commenced on 6 May 2024 and the Family Law Amendment Act 2024 commenced on 10 June 2025. Both reforms apply to most new and existing matters. This article explains what changed and where to read more about the underlying law.
For an overview of how family legislation operates in Australia, see our Family Legislation guide.
Key Takeaways
Family Law Amendment Act 2023 what changed
Commenced 6 May 2024. Full Attorney-General’s fact sheet here.Equal shared parental responsibility is no longer presumed
Previously, the Court started from a presumption of equal shared parental responsibility and was required to consider equal or substantial time with both parents. That presumption has been removed. The Court now decides parenting arrangements with the best interests of the child as the paramount consideration.This is a significant practical change for parenting matters. The previous starting point of equal shared parental responsibility no longer applies. For how parenting arrangements are decided, see our parenting arrangements after separation guide.Best interests test streamlined
The previous “primary” and “additional” considerations have been replaced with a single non-hierarchical list of six matters the Court must consider when determining a child’s best interests under section 60CC(2).Section 60CC(3) sets out a separate consideration: if the child is an Aboriginal or Torres Strait Islander child, the Court must consider the child’s right to enjoy their Aboriginal and/or Torres Strait Islander culture.The full list of factors is set out in our family legislation guide.Reconsidering final parenting orders
Final parenting orders can only be reconsidered where there has been a significant change in circumstances and the Court considers reconsideration to be in the child’s best interests. New section 65DAAA codifies the longstanding Rice & Asplund principle.Independent children’s lawyers must meet the child
Independent Children’s Lawyers (ICLs) are now required to meet with the child and give them an opportunity to provide input. Exceptions apply, including where the child is under 5 years old, where the child does not want to meet, or in other exceptional circumstances.
Family Law Amendment Act 2024 — what changed
Commenced 10 June 2025. Full Attorney-General’s fact sheet here.Economic and financial abuse expressly recognised as family violence
Section 4AB of the Family Law Act now contains a stand-alone provision dealing with economic or financial abuse as a form of family violence. Examples in the section include unreasonably controlling a person’s access to financial resources, coercing a person into incurring liabilities, and dowry abuse.This affects how the Court treats the conduct in property and parenting proceedings under the Family Law Act. State and territory protection orders (for example, a Queensland Domestic Violence Order) are made under separate state legislation.Family violence as a property settlement factor
The economic effect of family violence is now expressly part of how the Court assesses contributions and current and future circumstances in property settlements. Previously this had to be argued through Kennon principles in case law. Evidence of family violence, including economic or financial abuse, may now be relevant to the Court’s assessment of a just and equitable property settlement.Property settlement four-step process codified
The four-step approach used by the Court (the so-called Stanford pathway) has been codified in sections 79 and 90SM of the Family Law Act. The Act also adds new statutory considerations to the contributions and current-and-future-circumstances stages, including:- the economic effect of any family violence
- any significant wastage of property or financial resources caused intentionally or recklessly by a party
- liabilities of either or both parties, including the circumstances in which they were incurred
- the housing needs of any child of the relationship under 18.
Companion animals — a new framework
For the first time, companion animals are dealt with separately under the Family Law Act. A companion animal is defined as an animal kept primarily for companionship (and does not include an assistance animal, an animal kept for agricultural purposes, or an animal kept for use in laboratory tests). The Court can make specific orders about who keeps the animal. The Court must not make an order for joint ownership or shared possession of a companion animal. Factors the Court considers include:- who has cared for and paid for the animal
- any history of family violence, including violence toward the animal
- the attachment of any children to the animal
- each party’s capacity to care for the animal.
Duty of disclosure moved into the Act
Previously found in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, the duty of disclosure now also sits in the Family Law Act itself. Full, frank, and ongoing disclosure remains mandatory in property matters, and non-compliance can be taken into account by the Court when determining what orders to make.
Does this affect your matter?
The new provisions apply to most new and existing proceedings, unless the final hearing had already begun on the commencement date. Two practical points:- Evidence of family violence including economic or financial abuse, may now be relevant to property and parenting outcomes under the Family Law Act, in addition to any state or territory protection order arrangements.
- Equal time and joint decision-making are no longer assumed. Whether either is appropriate in any given case now depends on the facts of that case and the best interests of the child.
