Australian law changes to affect pets, property and finances

Pet and property owners watch out – Australia’s family law is changing how separation disputes will be resolved.

Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples.

So what’s changing for our pets?

Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court.

However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system.

This takes into account:

• any animal abuse, including threatening behaviour as a form of family violence
• the attachment of each party, or children, to the family pets

However, there are limits and courts cannot make orders for joint ownership or shared possession of pets.

My relationship ended — what happens to our shared property and finances?

Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts.

But couples struggling to reach an agreement can apply to family law courts to determine a property settlement.

Changes affecting Family Law Act 1975 include:

• how the courts will determine a property settlement
• what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant

This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court.

Key areas that courts will consider:

• identify all property and liabilities (debts) of the parties
• assess each party’s contributions to the property pool and to the family’s welfare
• assess each party’s current and future circumstances. The family law courts will consider matters such as each party’s age and state of health and the care and housing needs of any children
• only make orders that are, in all of the circumstances, just and equitable

Family violence

The Family Law Act defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”.

Key amendments include:

• the economic effect of family violence, where relevant, when making decisions about property and finances after separation.
• economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending.

What’s staying the same?

• Family law courts cannot sentence someone for engaging in family violence conduct.
• Compensation for harm caused by family violence
• Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence.

Duty of financial disclosure — what changes?

Couples separating have a duty to provide all relevant financial information and documents to each other and the court.

From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty.

If failure to do so, consequences can affect separating couples such as:

• take noncompliance into account in a property settlement
• impose sanctions, such as costs orders
• punish a party for contempt of court with a fine or imprisonment, or
• defer or dismiss all or part of the proceedings.

What stays the same?

• Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun.

The changes to family law will come into effect from June 10, 2025.

A fact sheet detailing the changes can be found here.