New Family Law Amendments and what they mean if you are in Family Court: Pets, Economic Abuse and You
On 10 June 2025, the Family Law Amendment Act 2024 will come into effect, making a host of substantial changes to the Family Law Act 1975 which will impact how the court considers family violence when determining a property settlement. It introduces some new family violence considerations, and definitively sets out how pets are to be dealt with.
When the changes come into effect on 10 June 2025, they will impact all property law proceedings in family law courts, unless your matter has commenced already.
As it currently stands, when determining a property settlement, the Court will identify all assets and liabilities, assess the respective contributions of the parties to the property pool and welfare of the family, assess the parties’ current and future circumstances [e.g. their age, health, who has the children and where the children will live.] When considering these factors, the court is obligated to only make just and equitable orders to settle the property pool.
So, what are the changes and what impact will they have?
The biggest change that will be implemented has to do with how the court considers family violence when determining a property settlement. The new family violence considerations relate to economic or financial abuse and some drastic changes to how pets are dealt with.
Economic effect of family violence
From 10 June 2025, economic or financial abuse, depending on the circumstances, can be considered a form of family violence, and the court will be required to consider the economic effect of family violence when the determining a property settlement. In circumstances where the court finds that there has been financial or economic abuse the court can adjust the distribution of the asset pool to account for that abuse. These changes make clear that the effect of family violence is a relevant consideration in determining the division of property and finances following breakdown of a relationship.
Examples of financial or economic abuse includes but is not limited to the following situations were one party:
· Forcibly controls another family member’s money, assets, or superannuation;
· Sabotages another family member’s employment, income, or their chances of employment or of earning an income;
· Forces another family member to take on a financial or legal liability;
· Forcibly or without the knowledge of a family member, racks up debt in that family member’s name;
· Using threats, physical abuse or emotional or psychological abuse to force a family member to give them money or assets
Pets in family law property settlements
Pets are a valued part of many people’s lives with, as of 2022, roughly 69% of all Australian households owning a pet. However, despite being a part of so many people’s lives, pets are considered property in family law property proceedings. The courts have a broad discretion to assign property between parties and this discretion is used by the courts to decide who gets to keep the pet.
Under the 10 June 2025 changes, the definition of a pet or companion animal will be added to the legislation, implements specific orders the court will be able to make to deal with the pet and sets out how the criteria to determine what should happen with the pet.
Under the changes a pet will be defined as an animal owned by both or one of the parties (who were married or in a de facto relationship) but excludes disability assistance animals and animals kept as part of a business, agricultural purposes, laboratory test or experiments.
In addition to setting out what a pet is for the purpose of property proceedings, the new changes also set out a list of criteria the courts are required to consider when determining how to deal with the pet as part of the property settlement and these criteria include:
· How the pet was acquired;
· Who owns the pet or has possession of the pet;
· Who cared for and paid for the maintenance of the pet;
· Whether there was family violence during the relationship;
· Whether the pet was abused or cruelly treated;
· Whether one of the parties threatened to abuse the pet or threatened to treat the pet cruelly;
· How attached the parties are to the pet;
· How attached the children (if any) are to the pet;
· The parties’ ability to care for and maintain the pet without any assistance from the other party;
· Any other fact or circumstance the court deems relevant.
Under the upcoming changes, the court can only make one of three orders to deal with a pet. The court can either make orders for one party to own the pet, for the pet to be transferred to another person (so long as they consent to the transfer) or can make orders for the pet to be sold. Unfortunately, this rules out joint ownership of the pet or for the pet to be shared.
What if I already have financial and property orders? Do these changes impact me?
If you already have financial and property orders in place, your existing orders will not change when the new Family Law Act changes come into effect. You can continue following the exiting orders.
Voice Lawyers: Your Guide in Family Law Matters
This update is general in nature and is not legal advice. If you need help dealing with a parenting dispute or require assistance with a family law matter, at Voice Lawyers, we hear you.
If you are experiencing or contemplating separation, we suggest you seek legal advice as early as you can, even if you do not intend to separate for a few months or even years. We offer a 90 minutes early separation strategy session Voice Lawyers — Divorce, Separation and Family Law to prepare and inform clients of the process. Every family’s situation is different, and advice tailored to your specific circumstances can assist you in achieving your best possible outcome. We can assist if you would like a second opinion.
We help people navigate the complexities of family law with confident, practical advice. You can contact us at office@voicelawyers.com or call 02 9261 1954 to book a consultation to speak with one of our lawyers.
By Enda Byrne