Separation is rarely easy. But for some people, it’s more than just the breakdown of a relationship; it’s the unravelling of the long-term impacts of domestic violence.
Until now, Australian law has often fallen short in recognising how abuse (especially financial and psychological abuse) affects a person’s ability to contribute to a relationship, or recover from it.
That is now changing.
On the 10th of December 2024, the Australian Parliament passed the Family Law Amendment Act 2024, bringing some of the most significant changes to property and financial matters in decades. As of the 10th of June 2025, these changes now apply to all couples going through separation, whether through the court system or a form of alternative dispute resolution.
In this article, we unpack what these Family Law Act amendments mean, how they strengthen protections for victim-survivors, and what steps you can take if you’re separating from a partner where violence or coercion was a factor.
What’s Changed Under the Amendments?
These significant reforms to the Family Law Act 1975 (Cth) bring long-needed clarity to the way family and domestic violence and property settlement are connected. While courts have historically considered the impact of abuse through case law, it has never been codified until now.
The key changes that will impact couples seeking to resolve their property and financial matters include:
- Making clear that the effect of family violence is a relevant consideration in determining the division of property and finances following the breakdown of a relationship.
- Expressly capturing ‘economic or financial abuse’ within the definition of family violence, and identifying dowry abuse as an example of conduct that might constitute economic or financial abuse.
- Specifying the approach the family law courts will take when making decisions about the division of property.
- Providing a new framework for determining ownership of the family pet in property settlements.
- Providing the family law courts the discretion to use the less adversarial approach in property and financial matters, to enhance their ability to direct proceedings and manage evidence, particularly where there may be family violence.
- Elevating the duties of financial disclosure from the family law rules into the Family Law Act, to support parties in better understanding their obligations and improve compliance.
It also makes a range of other changes to enhance the operation of Australia’s family law system, including to safeguard sensitive information in family law proceedings.
These changes apply to both married and de facto couples (unless a final hearing has already commenced before 10 June 2025), and they signal a growing recognition that family violence (whether physical, emotional, or financial) can have lasting effects on a person’s stability, safety, and financial future.
What Does This Mean for Victim-Survivors of Family Violence?
Previously, courts could consider family violence as part of a property settlement, but it wasn’t an explicit requirement under the Act. As a result, many survivors found it difficult to have their experiences properly reflected in the financial outcome of their separation.
Now, the law recognises that family violence can directly impact a person’s contributions to a relationship, their future earning capacity, their access to financial resources, and their long-term stability.
For example:
- A partner who was prevented from working or studying due to controlling behaviour may now have that acknowledged as a diminished financial contribution caused by violence.
- Someone who was forced to take on debt (such as a loan or credit card), coerced into signing documents, or excluded from financial decisions may now be better protected during negotiations or court proceedings.
- Victim-survivors seeking spousal maintenance will be able to point to the impact of abuse on their ability to work, live independently, or recover financially.
This shift in the law reflects not only changing social expectations but also the increasing understanding that financial abuse is a form of domestic violence with long-lasting consequences.
Section 79 Family Law Act: A Fairer Framework
Section 79 of the Family Law Act sets out the principles courts use when dividing property after separation. The amendments now provide a clearer, more inclusive structure.
Key changes to section 79(4) and 79(5) mean that:
- Courts must assess how family violence may have affected a person’s ability to contribute financially or non-financially during the relationship.
- Judges must also consider how that violence may impact a party’s present and future needs, including their health, income potential, safety, and living situation.
This doesn’t mean that every case involving conflict will trigger a different outcome. But where evidence of family violence is present, it must now be taken into account formally, and consistently.
What Should You Do if These Changes Affect You?
If you’re going through a separation and family or domestic violence (particularly financial or psychological control) was or is a factor in your relationship, it’s important to:
- Seek legal advice early. These laws may impact your entitlements, especially if your career, finances or wellbeing were affected by abuse.
- Document your experience. Keep a record of bank statements, text messages, employment history, or any relevant communications that show financial control or coercion.
- Understand your options. Whether you’re negotiating privately, attending mediation, or heading to court, the law now offers clearer protection and support.
- Don’t delay. These changes apply to ongoing matters unless a final hearing has begun, so it may not be too late to have your circumstances properly considered.
Family Law Act Amendments: You Deserve a Just and Safe Future
No one should leave a relationship only to face further disadvantage, especially where abuse, control, or financial manipulation was involved. The recent Family Law Act amendments aim to ensure that the courts now formally consider domestic violence in property settlement and spousal maintenance decisions, helping create safer and fairer outcomes for those affected.
At Pullos Lawyers, we’ve worked with many clients navigating the aftermath of domestic and financial abuse. We understand the emotional complexity and the legal uncertainty that often follows. Whether you’re negotiating a property settlement, seeking spousal maintenance, or simply navigating the first steps in a separation or divorce, our family law team is here to stand beside you, with empathy, strength, and sound legal advice.
To speak with a family lawyer, please contact us or call us on (07) 5526 3646. With offices in Brisbane and the Gold Coast, we’re ready to help you take the next step with confidence.
For more information, you may wish to read our article on how the domestic violence protection Act protects families, withholding a child without a court order, and understanding the legalities of coercive control.
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