The Family Law Amendment Act 2024 introduces several key changes to family law in Australia, effective from 10 June 2025.
Here are the main updates:
- Divorce Applications: Sole applicants no longer need to appear in court if the respondent does not object, simplifying the process for individuals seeking a divorce on their own.
- Short Marriages: Marriages lasting less than two years no longer require counselling before divorce, removing an additional step for couples in short-term marriages.
- Exemptions: Registrars can now decide on certain exemptions, and these decisions can be reviewed, providing more flexibility and efficiency.
- Maintenance: Family violence is now a consideration in maintenance decisions, offering better protection and support for victims.
- Property Settlements:
- The impact of family violence, including economic or financial abuse, is now considered.
- New rules address the need to house children and significant waste of assets.
- Provisions for making orders about pets have been added.
- Duty of Disclosure: Clearly outlined from pre-action to case resolution, ensuring transparency about financial circumstances throughout the legal process.
- Death of a Party: New rules address what happens if a party dies during proceedings, providing clear guidance on how to proceed.
- Evidence Rules: In parenting matters, the rules of evidence can now extend to property applications by consent or court order, allowing for a more streamlined process.
- Costs: Costs rules remain the same but are now under a different section, with specific provisions for Independent Children’s Lawyers.
- Additional Changes: Regulations for children’s contact services, handling of confidential information, arbitration processes, powers of the Family Court of Western Australia, appeals from Magistrates courts, and jurisdiction issues.
These amendments aim to modernise family law and ensure it better meets the needs of families today. At McNamara Law, we have a team of experts in our Family Law department ready to assist you. Contact us today at 1300 285 888 to book an appointment.
Charmagne Haidley
Special Counsel – Family Law
