2026 Changes to the Family Law system

1. The Parenting Framework (Commenced May 2024)

• Abolition of Equal Shared Parental Responsibility: The presumption that parents must have equal shared decision-making was removed. Why it was implemented: To prevent the law from being weaponised by perpetrators of family violence, and to stop parents from conflating “shared responsibility” with a guaranteed right to a 50/50 time split.

• Simplified “Best Interests” Factors: The complex, tiered list of considerations was replaced with a condensed list of six core factors. Why it was implemented: To explicitly prioritise child safety and the impact of any family violence above all other considerations.
• Information Sharing: Enhanced powers for courts to access police, child protection, and firearms records. Why it was implemented: To ensure judges have a complete picture of family violence risks before making parenting orders.

2. Property and Financial Settlements (Commenced June 2025)

• Codification of the Four-Step Process: The common law four-step process for dividing assets (identify the pool, assess contributions, assess future needs, and ensure a “just and equitable” outcome) is now explicitly written into the Family Law Act. Why it was implemented: To make the law more transparent and accessible, rather than forcing practitioners and self-represented litigants to rely on historical case law.

• Economic Impact of Family Violence: The legislation now expressly mandates the consideration of the economic effect of family violence (including newly defined “economic and financial abuse” and dowry abuse) when adjusting property splits. Why it was implemented: To formally recognise that financial control and abuse severely restrict a party’s ability to contribute to the asset pool and their future earning capacity.

• Statutory Duty of Disclosure: The obligation to provide full and frank financial disclosure was elevated from the Rules directly into the Act. Why it was implemented: To deter the hiding of assets and allow for heavier penalties for non-compliance.

• Family Pets: The introduction of a specific framework for determining the ownership of companion animals. Why it was implemented: To prevent perpetrators from using family pets to control or traumatise their ex-partners, allowing courts to look beyond the strict “financial value” of the animal.

3. The Divorce Process (Commenced June 2025)

• Couples married for less than two years no longer need to attend mandatory counselling and file a certificate before applying for divorce.

• Previously, if you had been married for less than two years, the Court made you jump through extra hoops to prove you had tried to save the marriage. The Amendment Act 2024 removed the requirement for a reconciliation certificate for short marriages, so the same court attendance requirements and filing process now apply regardless of the length of the marriage.

• No More Mandatory Counselling: You are no longer required to attend marriage counselling or obtain a “Counselling Certificate” just because you’ve been married for less than two years.

• No More Special Leave: You no longer need to ask the Court for “special permission” (leave) to file for divorce early.

• Why it was implemented: To remove unnecessary administrative hurdles and recognise that short marriages can break down irretrievably without the need for forced reconciliation attempts.

• No More Mandatory Court Attendance Divorce Applications: Sole applicants with children under 18 are no longer required to attend a divorce hearing. Why it was implemented: To streamline court resources and reduce the stress of court appearances for administrative divorces, provided the respondent hasn’t requested to attend. Now, as long as the paperwork is clear and the other party doesn’t object, the Court can grant the divorce in your absence.

• Exceptions: You only need to attend now if the Court specifically identifies an issue (like conflicting information about children’s safety) or if one party formally requests a hearing.

Have the changes been successful?

Impact on Consent Orders and the Divorce Process

• Consent Orders: Any Application for Consent Orders—whether filed before or after the commencement dates, but reviewed by a Registrar after—must satisfy the new legislative criteria. Parenting consent orders must align with the updated “best interests” factors. Property consent orders must clearly step through the newly codified statutory steps and satisfy the overarching “just and equitable” requirement.

• The Divorce Process: The process is now notably faster and cheaper for short marriages (bypassing the counselling certificate) and far less resource-intensive for sole applicants who no longer need to block out time to appear in court.

Why Clients Care

• Economic Abuse: The law now explicitly defines things like “unreasonably denying financial autonomy” or “dowry abuse” as domestic and family violence, and recognises economic or financial abuse as relevant to property proceedings, contributions, financial contributions, financial resources, current and future circumstances, and a party’s ability to support themselves in property proceedings and spousal maintenance.

• Impact on Property: If there was domestic violence, the Court now has a clearer mandate to consider how that abuse affected your ability to contribute to the household or earn an income when it comes to splitting assets.

The Family Law Act now provides a legislative framework for determining property settlements in property and financial matters, codifying case law and requiring the Court to consider whether altering the parties’ property interests would produce a just and equitable outcome. The amendment act also sets out a four-step process for property settlements in legislation for property proceedings, rather than leaving those financial aspects to develop only through judge-made law.

1. New Rules for “Companion Animals” (Pets)

Under the Family Law Act 1975, pets were usually treated as property, but the Family Law Amendment Act 2024 creates a separate framework for companion animals in property disputes and property matters.

• If you and your spouse can’t agree on who keeps the dog or cat, the Court can now make specific orders based on the pet’s welfare, who has the strongest attachment to the animal, and any history of animal cruelty as a form of family violence.

A companion animal is one kept primarily for companionship, excluding assistance animals and animals kept for business or agricultural purposes. In relevant family law matters, courts can make interim and final orders, including transfer or sole ownership, but not shared ownership or shared care. That gives separating couples clearer rules for the pet-related property aspects of financial settlements after relationship breakdown.

• “Will my ex automatically get 50% custody?” Clarifying that the law now explicitly prioritises the child’s safety over a parent’s “right” to equal time provides immense relief.

• “They controlled all the money—will the court care?” Highlighting that economic and financial abuse is now a codified factor in property settlements validates their experience and shows them there is a tangible legal remedy for financial control.

• “Who gets the dog?” This is a highly emotional sticking point in many separations. Explaining that pets are no longer treated just like furniture, but have their own protective framework, captures highly targeted search intent.

• “Is divorce going to be a massive court battle?” Outlining the streamlined divorce requirements reassures clients that the administrative end of their marriage doesn’t have to involve dramatic court appearances.

Addressing these specific updates across your digital footprint directly answers user search intent, showcasing an authoritative grasp on the current legal landscape.