From 10 June 2025, changes to the Family Law Act 1975 (Cth) will come into effect. These amendments have changed the landscape of property settlements where family violence including economic and financial abuse occurs in the relationship.

Key changes in this amendment relevant to family violence are:

Family violence is a relevant factor when deciding property settlements and spousal maintenance

This amendment will insert sections into the Family Law Act, requiring a Court to consider the impact of any family violence, economic or financial abuse when deciding on a property settlement or the payment of spousal maintenance.

Particularly, the Court will need to consider:

1. whether family violence has affected a partner’s ability to contribute financially or non-financially during the relationship, and
2. whether family violence will have an impact on a partner’s current and future circumstances.

Prior to these changes, the consideration of family violence in property settlements has only occurred in very narrow circumstances, meaning that is has rarely impacted outcomes. These changes represent a significant change in property matters where family violence occurs.

The list of examples of family violence will be expanded

The examples of economic and financial abuse that are set out in the Family Law Act 1975 (Cth) will now be expanded to include a broader range of coercive and controlling behaviours. These behaviours include;

1. controlling a party’s assets or money, including superannuation,
2. using deception or pressure to force a partner to take on debts,
3. interfering with a parties’ work, such as
   1. sabotaging job opportunities, and
   1. preventing a party from pursuing work or education.
4. Using pressure or deception to manipulate a party in relation to government payments,
5. dictating how much a party can spend on necessities,
6. denying a party access to financial resources for necessities,
7. cutting a party off financially as a form of punishment,
8. pressuring a party to enter into legal contracts or change their Will,
9. withholding child support as a means of pressure or punishment of a party,
10. in relation to dowries:
    1. forcing a person to provide money or assets as a dowry, and
    1. concealing actions of agreements in relation to a dowry.

These amendments within the Family Law Act confirm that family violence is a common occurrence in families dealt with by the courts when considering property settlement entitlements under the Family Law Act. These amendments ensuring that more victims of family violence will seek an adjustment in their favour for the effects of the family violence they have experienced.

Importantly, the changes do not apply to existing final orders. If you have existing final orders for property, you should continue to follow them. The changes come into effect after 10 June 2025 and will apply to all new and existing proceedings (if your Final Hearing has not yet commenced).

Are you separating and require a property settlement? We recommend speaking to one of our experienced family lawyers to gain an understanding of how the changes may impact you. You can get started here: .