Family Law Updates 2024-25: What You Need to Know
Separation is hard enough without having to decode new legislation at the same time.
If you’re thinking about divorce in Western Australia where the Family Court of WA applies the Family Law Act 1975 just like the rest of Australia, it’s important to note that this act is commonwealth legislation governing family law across the nation.
Two waves of reforms in May 2024 and June 2025 may change the way you plan parenting arrangements, property settlements and even who keeps the family cat / dog. The new laws have commenced on these dates and changes will apply to both ongoing and future proceedings.
Below is a plain-English guide to the changes, with details contained in the new legislation, and what they mean for anyone about to begin (or contemplating) divorce proceedings.
What’s Changed? A Quick Snapshot
This quick-reference table sets out the key commencement dates and headline reforms across parenting, property and divorce. The Family Law Amendment Act 2024 is the second stage of comprehensive family law reforms.
Use it to get your head around it before we break down each change:
| Start date | Why it matters to divorcing couples |
| 6 May 2024 – Family Law Amendment Act 2023 | Parenting decisions now use a simpler six-factor “best interests” test and the automatic presumption of equal shared parental responsibility has disappeared. |
| 6 May 2024 – Information Sharing Act 2023 | Police and child-protection risk data flows straight to the court, reducing the need for multiple subpoenas and better safeguarding confidential notifiers. |
| 10 Jun 2025 – Family Law Amendment Act 2024 | Economic impact of family violence must be considered in property orders.Duty of full and frank disclosure is written into the Act, with tougher penalties for hiding assets.Pets get their own decision-making test, no more treating the family dog like a lounge chair.Divorce process simplified: the two-year counselling rule goes and most hearings move online.The court’s assessment of existing property will now include a holistic review of financial resources and contributions, family violence, and the impact of abuse (actual or threatened violence) under the new rules. |
These changes apply to new and existing proceedings, except where a final hearing has already commenced.
If you’re unsure how these dates impact your timeline, talk to an experienced Perth family lawyer early and save time, stress and money down the track.
Divorce Applications: Simpler but Still One Year Apart
Paperwork and process can feel overwhelming.
The good news is that the latest reforms remove outdated steps, no compulsory counselling for short marriages, fewer court appearances and redesigned online forms so you can focus on the practicalities of ending the relationship rather than battling bureaucracy.
Previously, applicants had to provide a certificate stating they had considered reconciliation with a family counsellor before filing for divorce within two years of marriage.
No more “married less than two years” counselling hurdle
From 10 June 2025 you can apply for divorce without a reconciliation-counselling certificate, even if you married less than two years ago. You must still be separately for 12 months + 1 day before filing.
Court appearances rarely required
Whether you file a sole or joint application, you’ll only be asked to attend if the Rregistrar spots a problem or your former spouse files a response. Most WA couples will finalise a divorce entirely online.
Property Settlements: Violence, Pets and Full Disclosure
Sorting out property can be stressful. The 2025 changes refine how the court looks at money, assets and even who keeps the family cat / dog with an eye to fairness and transparency.
Knowing how the new rules work will help you gather the right financial evidence early, address any family-violence impacts and put forward a clear, realistic proposal.
Economic effect of family violence and economic or financial abuse
The court must now consider how abuse limited a party’s earnings, super growth or ability to contribute, and can adjust the asset division to compensate the survivor.
The new law expands the definition of domestic violence to include economic abuse, broadening what is considered in these cases.
The approach to considering family violence in property settlements was established in the Kennon & Kennon (1997) case. Evidence such as interrupted work history, therapy costs or coerced debt is crucial.
Duty of full and frank disclosure obligations
The obligation to disclose every asset, liability and income source is now enshrined in the Family Law Act.
Failing to comply with disclosure obligations may have serious consequences e.g. a party may not be able to rely on information or a document as evidence in their case, part of a party’s case may be dismissed, a costs order may be made against the party who failed to provide disclosure or non-disclosure may be grounds to, in future, apply for final family law property orders to be set aside pursuant to section 79A of the Family Law Act 1975.
Pets get their own checklist
Pets are still “property” through the lens of a “companion animal” but the court must consider each party’s attachment, history of animal abuse and who pays vet bills when deciding ownership.
Shared-care rosters can still be agreed privately even if the court can’t order them.
Parenting orders: What if Children are Involved?
As a parent, your first priority is your children’s wellbeing. The 2024 parenting reforms put safety first, ensure children’s voices are heard and promote practical stable arrangements.
While this blog focuses on divorce and property, many separating couples also need parenting arrangements. The court considers the interests of all people involved with a focus on the interest of the child in all parenting decisions.
Dispute resolution processes like Family Dispute Resolution (FDR) are encouraged to help families agree on parenting and property outside of court:
- Six-factor best-interests test replaces the old 15-factor list. The court considers the best interests of the child when making decisions.
- Presumption of equal shared parental responsibility is repealed, though equal-time orders are still possible where safe.
- Pursuant to their Family Court parenting orders, parents may now have either sole or equal shared decision making.
- Independent Children’s Lawyers must now meet (or try to meet) any child aged 5 or over to represent the best interests of the child.
A tailored approach that addresses these factors and any safety concerns will help you negotiate smoother.
Updated Separation Checklist
Use this at-a-glance checklist to stay on top of things throughout your separation.
| Step | Why it matters |
| Collect financial documents early | Hidden assets can attract serious sanctions after 10 June 2025. |
| Document economic abuse (e.g. sabotaged job prospects, coerced debts) | The court must consider the economic impact of family violence in property splits. |
| Keep pet records (microchip details, vet bills, care routines) | These help prove primary responsibility when courts decide pet ownership. |
| Use updated court forms | Old forms refer to repealed sections and may delay your matter. |
| Safety first | Risk information now reaches the court faster; contact emergency services by calling 000 in emergencies or contact 1800 RESPECT for confidential support. |
| Monitor your physical & mental health | Ongoing legal disputes and stress can impact your physical and mental health; seek medical support if needed. |
| Seek local legal advice | WA’s practice directions differ from other states; a WA-based solicitor can explain the nuances. |
What’s Next for the Family Law System?
The commencement of the Family Law Amendment Act 2024 is a significant step in the evolution of family law in Australia. As these new provisions come into effect further changes will be developed to address emerging needs.
One area to watch is the expansion of economic or financial abuse provisions which may soon include emotional or psychological abuse as a relevant consideration in property and parenting matters.
The government is also looking at new initiatives to support reconciliation and strengthen relationships to reduce the number of couples who get divorced.
As family law changes, it’s important to seek legal aid and advice about each step. Future changes won’t automatically apply to existing arrangements so seek legal advice to understand how future changes will impact your rights and obligations.
Moving Forward with Confidence
Legislative change can feel like shifting sand but these reforms have a clear goal: fairer outcomes and less red tape for separating families.
With early preparation, honest disclosure and professional guidance you can navigate the process confidently whether you’re filing tomorrow or still weighing your options.
Whenever you’re ready talk with the approachable team at Perth Divorce Lawyers. We translate legal change into practical steps so you can focus on rebuilding your future.
FAQs
Do I have to wait until 10 June 2025 to start my property negotiations?
No. You can negotiate or file now. Just remember the court will apply whatever law is in force when it makes orders so timing can affect strategy.
Can the court order shared custody of our dog?
The legislation only allows the court to award ownership, not “week-on-week-off” pet care. You can however create a shared-care schedule in a private binding financial agreement or consent orders.
Will my existing parenting orders change?
No. Orders stay in force. But any variation or contravention application filed after 6 May 2024 will be assessed under the six-factor test.
What if my ex hides assets?
The strengthened duty of disclosure allows the court to reverse property transfers, order costs or even impose contempt penalties.
Can property or parenting disputes be arbitrated under the new family law?
Under the current family law, property disputes can be arbitrated, meaning parties can refer their property settlement to an arbitrator for resolution instead of going to court. But parenting disputes can’t be arbitrated under existing legislation as the law restricts arbitration to financial matters.
Sources
- Attorney-General’s Department — Family law reform 2025 (overview and updates)
- Federal Register of Legislation — Family Law Amendment Act 2024
- Federal Circuit and Family Court of Australia — How do I apply for divorce?
- Federal Circuit and Family Court of Australia — Children: overview
Disclaimer: This article contains general information only and is not a substitute for personalised legal advice.