Changes to the Family Law system in 2026

1. 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.

• 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.

2. 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.

• 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.

3. 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.

• Economic Abuse: The law now explicitly defines things like “unreasonably denying financial autonomy” or “dowry abuse” as family violence.

• 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.

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

For the first time, pets are being treated as more than just “furniture” in Australian family law.

• 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.

Summary of 2026 vs. Old Rules