While family law in Australia has undergone numerous changes in the last 10 years, we’ve selected five major shifts to spotlight. Let’s dive into them below.
- Same sex marriage became legal in 2017. Prior to this significant change the Marriage Act defined marriage as being a union between a man and a woman which prevented any same sex couples from legally marrying within Australia. The Marriage Amendment (Definition and Religious Freedoms) Act 2017 changed ‘a man and a woman’ to ‘2 people’. This allowed many couples in same sex relationships to get married and be afforded the same legal status as opposite sex couples. This change also meant those in relationships who had previously married overseas in countries that legalised same sex marriage before Australia could then divorce in Australia if needed, which had not been possible when Australia did not recognise their marriage as valid.
- Federal Circuit and Family Court of Australia commenced in 2021. The Court was the result of an amalgamation of the Family Court of Australia and the Federal Circuit Court of Australia.
- Divorce hearings no longer requiring attendance when children under 18. This is a very recent change that commenced on 10 June 2025. Prior to then it was mandatory that the divorce hearing was attended if there were any children under 18 at the time of the hearing. This is no longer the case, and attendance is now only usually required if a Response to divorce is filed or an Application in a Proceeding is filed.
- Removal of Addbacks from property settlement. This is another recent change resulting from the amendments to the Family Law Act which occurred on 10 June 2025. Prior to these changes there was a common practice within family law to notionally addback an asset that no longer existed, eg. was spent or sold, to the balance sheet. While the dispensing of these assets remains very relevant for property settlement it was found in Shinohara & Shinohara [2025] that they should no longer be added back to the balance sheet.
- A change in the way pets are considered in property settlements. Historically pets are treated as property. While they are still considered in property settlement matters as of June 2025 there are some specific considerations and orders the Court can make regarding pets that differ from normal property settlement considerations. This only applies to animals kept primarily for the purpose of companionship and excludes assistance animals, animals kept as part of a business, animals kept for agricultural purposes and animals kept for laboratory tests or experiments. The Court now considers the circumstances in which the pet was acquired, who has the ownership or possession of the pet, the extent to which each party cared for and paid for the maintenance of the pet, any family violence one party subjected or exposed the other party to, any history of actual or threatened cruelty or abuse by a party to the pet, any attachment by a party or child of the marriage to the pet, the demonstrated ability of each party to care for and maintain the pet in the future without any support or involvement from the other party and any other fact or circumstance which in the opinion of the Court needs to be taken into account. The Court can then make one of three orders regarding the pet – that one party to the marriage, or person who is a party to the proceedings, is to have ownership, that the pet be transferred to another person who consented to the transfer or the pet be sold. For clarity, this means that the Court cannot make an order where there is shared care of the pet between two parties.
Over the past decade, Australian family law has evolved significantly, marking a period of progress and empowerment. From the legalization of same-sex marriage to recent reforms in divorce and property settlements, these changes reflect a broader shift toward inclusivity, fairness, and efficiency in family law matters. The ongoing transformation continues to shape the way families navigate legal challenges, ensuring that the law better meets the needs of modern society. These key changes highlight how far family law has come, and how it is likely to continue adapting in the years to come.
How can these Changes affect you?
If you’re navigating a family law matter, the recent changes in Australian family law could have significant implications for your case, especially when it comes to divorce, property settlements, and custody arrangements. Whether you’re dealing with the legal complexities of same-sex marriage, property divisions, or the care of pets, it’s essential to understand how these shifts may impact your rights and responsibilities.
Want to know how these changes could affect you?
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