Family Law Property Settlement Changes

What the Property Settlement Changes Mean for you?

As a firm located in the Upper Hunter experienced in Family Law matters, our team knows how convoluted property settlements can be, as they are contingent to various factors.

From 10 June 2025, the Family Law Act 1975 will require an additional consideration - that being the economic effect of family violence to be considered when the courts are making decisions about property and finances after separation. As part of the definition of ‘family violence’ extends to include economic and/or financial abuse, such as instances where a person has exclusive control of finances.

This additional economic consideration may be relevant to assessing each party’s contributions to the property pool anticipated to be divided, the welfare of the family, and the current and future needs of the parties separating.

It is important to note, however, that these changes do not involve the prosecution of family violence offences. These offences are to be made in the respective state or territory criminal courts.

I have already started a family law proceeding – does this apply to me?

Yes, it can. The Attorney-General’s Department has confirmed that this additional consideration applies to all new and existing proceedings, excluding where a final hearing has commenced.

For further information, please consult the Attorney General’s Fact Sheet for Separating Couples.

If you wish to discuss with a solicitor about how these changes may impact your separation, please consult our team on 02 6542 5566 today.

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This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.