2026 Changes to the Family Law system
Introduction to Family Law
The Family Law Act 1975 is the cornerstone of family law in Australia, setting out the legal framework for resolving family law matters such as property settlement, financial matters, and family violence. With the introduction of the Family Law Amendment Act 2024, the Australian family law system is undergoing significant reform, effective from 10 June 2025. These changes are designed to make the system more responsive and comprehensive, particularly in addressing the financial and property aspects of relationship breakdown. The Family Law Act empowers courts to make decisions about property settlement, spousal maintenance, and children’s arrangements, always considering the current and future circumstances of the parties involved. For family law professionals and anyone navigating the family law system, these reforms represent a shift towards a more holistic approach, ensuring that property aspects and financial matters are handled with greater clarity and fairness. The law amendment act 2024 aims to modernize the family law act 1975, reflecting contemporary understandings of family violence and economic abuse, and providing clearer guidance for property settlement and other family law matters.
Changes to the Family Law Act system in 2026
Here is a summary of the Changes to the Family Law system as note on the Family Court Website
- The Death of the “Two-Year Rule”
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 Family Law Amendment Act 2024 removes the requirement for parties married less than two years to file a certificate stating they have considered reconciliation before applying for divorce, so anyone can now seek a divorce order under the same court attendance requirements, regardless of marriage length.
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.
The Only Rule Remaining: You must still be separated for at least 12 months and one day before you can apply. As long as you meet this separation requirement, the total length of your marriage is now legally irrelevant to the application process.
No More Mandatory Court Attendance Divorce Applications
One of the biggest practical changes in 2026 is that almost no one has to go to court for a divorce anymore. As of 10 June 2025, the attendance requirements for divorce proceedings have been standardized, allowing sole divorce applications to be heard without court attendance even if there are children under 18 years involved.
Sole Applications with Children: Previously, if you filed alone and had kids under 18, you had to attend the hearing. 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.
Broader Recognition of Family Violence
While divorce itself remains “no-fault,” the 2026 legal landscape treats family violence—including economic abuse—with much higher priority in the surrounding property and parenting matters. The amendment act elevates the importance of considering family violence, including economic or financial abuse, in property or financial proceedings and property matters.
Economic Abuse: The law now explicitly defines things like “unreasonably denying financial autonomy” or “dowry abuse” as family violence, and the property family violence definition now clarifies and expands the recognition of economic or financial abuse as a form of family violence in property settlement and contribution assessments.
Impact on Property: If there was family 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 court is required to consider the impact of family violence and coercive control on property settlements and financial proceedings, and victims may receive more favorable property settlements considering the impact of abuse on property proceedings contributions. The Family Law Amendment Act 2024 codifies aspects of case law to clarify the process for determining property settlements, requiring the court to consider whether it is just and equitable to make any order adjusting the parties’ property interests. The new framework for property settlements includes a four-step decision-making process, now set out in legislation rather than relying solely on common law.
New Rules for “Companion Animals” (Pets)
For the first time, pets are being treated as more than just “furniture” in Australian family law. The Amendment Act defines a companion animal as an animal kept primarily for companionship, excluding assistance animals or those kept for business or agricultural purposes.
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. The court can make interim and final orders regarding a companion animal, including orders for sole ownership or transfer to another person, but cannot order shared ownership or shared care.
Changes to the Family Law system in 2026 are Summerised below
Summary of 2026 vs. Old Rules
Feature | Old Rules (Pre-June 2025) | New Rules (2026) |
Married < 2 Years | Must attend counselling + file certificate. | No counselling required. |
Court Attendance | Mandatory for sole applicants with kids. | Generally not required for anyone. |
Economic Abuse | Hard to prove as a factor in property. | Explicitly defined and weighted. |
Family Pets | Treated as inanimate property. | Special welfare factors considered. |
Family Dispute Resolution
Family dispute resolution is now a central feature of the family law system, especially following the Family Law Amendment Act 2024. Before applying for a parenting order under Part VII, parties are generally required to attend family dispute resolution and obtain a certificate from an accredited family dispute resolution practitioner, unless an exemption applies. This process encourages families to resolve disputes collaboratively, reducing the need for court intervention and promoting more amicable outcomes in family law matters. Family dispute resolution practitioners play a crucial role in guiding parties through discussions about children, property, and finances, helping them reach fair, sustainable agreements. The amendment act empowers parties to engage in this process, aiming for a just and equitable outcome that reflects the needs and interests of all involved. By prioritising family dispute resolution, the Law Amendment Act 2024 supports a less adversarial approach to resolving family law disputes, benefiting both families and the broader family law system.
Property and Financial Matters
Property settlement remains a key focus in family law, and the Family Law Amendment Act 2024 brings important updates to how property and financial matters are handled. The amendment act codifies established case law, clarifying that courts must first determine whether it is just and equitable to adjust parties’ property interests before making any orders. In making these decisions, courts are now required to consider the financial resources of each party and the economic effect of family violence, including economic or financial abuse, on a party’s ability to contribute to the relationship. The amendment act introduces a consolidated list of factors for courts to assess, ensuring that both current and future circumstances are taken into account. This includes recognizing financial abuse as a form of family violence, which must be considered when dividing assets. These changes aim to ensure that property settlement decisions are fair, transparent, and responsive to the realities of relationship breakdown, particularly where family violence or financial abuse has impacted a party’s financial position.
Children and Parenting
The best interests of children remain the guiding principle in Australian family law, as set out in the Family Law Act 1975. The Family Law Amendment Act 2024 strengthens this focus by updating the parenting provisions, particularly in relation to family violence. The amendment act expands the definition of family violence to include a broader range of harmful behaviors and recognizes the significant impact that family violence can have on children’s safety and well-being. Courts are now required to give paramount consideration to the best interests of the child when making parenting orders, ensuring that children’s needs and safety are always prioritized. Additionally, the amendment act introduces new accreditation rules for children’s contact services, aiming to improve the quality and consistency of these services across the family law system. These reforms reflect a commitment to protecting children and supporting families through the challenges of separation and parenting disputes.
Spousal Maintenance and Support
Spousal maintenance is an essential part of the family law system, providing financial support to individuals who are unable to support themselves after a relationship breakdown. The Family Law Amendment Act 2024 updates the approach to spousal maintenance, requiring courts to consider the economic effect of family violence on a party’s ability to achieve financial autonomy and support themselves. The amendment act also emphasizes the importance of financial disclosure, mandating that parties provide all relevant financial information to each other and the court. This ensures that decisions about spousal maintenance are based on a clear understanding of each party’s financial resources and needs, both now and in the future. By focusing on current and future circumstances, the amendment act aims to achieve just and equitable outcomes in spousal maintenance cases, reflecting the realities of relationship breakdown and the impact of family violence or financial abuse. These changes reinforce the commitment of the family law system to fairness, transparency, and the well-being of all parties involved.
Key Takeaways
legal status of pets in family law, particularly how companion animals are treated in property disputes.
- The Amendment Act defines a companion animal as an animal kept primarily for companionship, excluding assistance animals or those kept for business or agricultural purposes.
- The court can make interim and final orders regarding a companion animal, including orders for sole ownership or transfer to another person, but cannot order shared ownership or shared care.
- Under the Family Law Act, animals owned by parties to a relationship are treated as property, but the Amendment Act adds a framework for dealing with family pets in property cases, separate from other property.
The new requirements for divorce applications and the changes to court attendance rules.
- Child safety in custody matters will be reinforced with measures for Independent Children’s Lawyers (ICLs) to meet children and ensure their views are expressed.
- The Family Law Amendment Act 2024 allows courts to reject a Part VII (parenting) application if there is no certificate from an accredited family dispute resolution practitioner, emphasizing the importance of dispute resolution before court proceedings.
- The Family Law Amendment Act 2024 removes the requirement for parties married less than 2 years to file a certificate stating they have considered reconciliation before applying for divorce, allowing anyone to seek a divorce order under the same processes regardless of marriage length.
- As of 10 June 2025, the attendance requirements for divorce proceedings have been standardised, allowing sole divorce applications to be heard without court attendance even if there are children under 18 years involved
How property settlements are determined under the new legal framework, including factors considered by the court.
- The court is required to consider the impact of family violence and coercive control on property settlements and financial proceedings.
- Victims of economic or family violence may receive more favorable property settlements considering the impact of abuse on financial contributions.
- The Family Law Amendment Act 2024 codifies aspects of case law to clarify the process for determining property settlements, requiring the court to consider whether it is just and equitable to make any order adjusting the parties’ property interests.
- Family violence, including economic or financial abuse, must now be explicitly considered by the court when determining property settlements, ensuring fairer outcomes for victims of such abuse.
- The Amendment Act introduces a new framework for property settlements that includes a four-step decision-making process, which is now set out in legislation rather than relying solely on common law.
