The Mellor Olsson Family Law Team is committed to staying at the forefront of legal developments to better serve our clients. As part of the ongoing evolution in family law, significant changes to the Family Law Act 1975 will take effect from 10 June 2025.
These changes will impact divorce applications, property settlements, spousal maintenance considerations, and more. Our Family Law team is well-versed in these updates and is ready to assist clients with their family law needs, ensuring that all changes are taken into account in the legal process.
Commencing 10 June 2025, important changes include:
1. Applications for Divorce
• No Court Appearance for Sole Applicants: Sole applicants will no longer be required to appear in court for a divorce, even if there are children involved, provided the respondent does not object.
• Marriages Under 2 Years: Couples with marriages shorter than two years will no longer be required to attend counselling before a divorce can be granted.
2. Spousal Maintenance
• Family Violence Consideration: Family violence will now be a specific factor when considering spousal maintenance, ensuring that the effects of such violence are adequately taken into account.
3. Property Settlement
• Family Violence Consideration: The impact of family violence on property settlements will now be explicitly addressed under the Act. This includes considering the effects of both economic and financial abuse on contributions to the relationship.
• Current and Future Circumstances: The court will now consider the current and future circumstances (rather than the future needs) of both parties when determining property settlements, with particular attention to the need to provide housing for children.
• Material Wastage: The court will take into account any material wastage by either party when deciding property settlements.
4. Orders for Pets
• New Sections Added: New sections have now been added regarding orders as to pets with specific reference to companion animals as part of property settlements and consideration as to whether or not there needs to be a transfer of ownership or sale of the pet.
5. Duty of Disclosure
• Legal Obligation Under the Act: The duty of disclosure is now required under the Act itself, rather than being addressed within the Family Law Rules.
The Mellor Olsson Family Law Team is dedicated to navigating these changes with our clients, ensuring the most effective and compassionate legal assistance possible. We recognise that these changes may raise questions, and our team is here to guide you through every stage of the process.
Should you have any queries or require assistance with any family law matters, please don’t hesitate to reach out to our experienced team.
Eva Bailey | Partner - Family Law