Section 6
Family law — the 2024–25 reforms
Family law is Commonwealth law. The Family Law Amendment Act 2024 was passed on 10 December 2024 and, from 10 June 2025, changed both how a court determines a property settlement and what it must consider in doing so — including the economic effect of family violence where relevant. Those changes apply to all separating couples, whether the settlement is determined by a court or negotiated outside one.[21]
The process is now in the Act, not only the case law
The Amendment Act codifies aspects of the case law on determining a property settlement. The court must consider whether it is just and equitable to make any order adjusting property interests — it is not required to make an order, and will only do so if satisfied that it would be just and equitable. That consideration runs through the whole decision, which begins with identifying each party's legal and equitable interests in property.[22]
Economic and financial abuse is named as family violence
The Act more clearly recognises economic or financial abuse as family violence within section 4AB: existing examples were moved into a stand-alone provision and the example concerning unreasonably denying financial autonomy was expanded.[22]
There is no presumption of a 50/50 split
There never was. The court identifies the pool, assesses contributions, considers each party's current and future circumstances, and asks whether the result is just and equitable. Two couples with identical assets can properly end up with very different divisions.
Superannuation and information orders came earlier
Changes to the superannuation splitting framework and Commonwealth Information Orders commenced on 11 December 2024, six months before the main property provisions.[21]
A statutory review is already scheduled
A review of the operation of the Amendment Act must commence as soon as possible after 10 June 2028, be completed within 12 months, and be tabled in Parliament.[22] Expect further movement in this area.
Provision numbering changed with these reforms. Advice, precedents and older online summaries written before 10 June 2025 may cite superseded sections — a reason to be careful with search results in this area.[21]
Common questions
When did the family law property changes take effect?
The Family Law Amendment Act 2024 was passed by Parliament on 10 December 2024 and its property provisions commenced on 10 June 2025. The changes apply to new proceedings and to proceedings that had not been finally determined before that date, so a matter already underway can be affected. Provision numbering also changed, which is why older material can be misleading.
Is there still a presumption of equal shared parental responsibility?
No. It was removed by the Family Law Amendment Act 2023, which commenced on 6 May 2024, together with the requirement that flowed from it for a court to consider equal or substantial and significant time. Parenting arrangements are now determined solely by what is in the best interests of the child, assessed against a shorter list of considerations in which safety comes first.
Is economic abuse now treated as family violence?
Yes, more explicitly than before. The 2024 amendments moved the existing examples of economic and financial abuse into a stand-alone provision within the definition of family violence and expanded them. The reforms also require the economic effect of family violence to be considered when determining a property settlement, where relevant.
Sources
Reviewed 26 August 2026
The bracketed numbers in this article refer to the master numbered source list on the Knowledge Hub, which is maintained in one place so a citation cannot fall out of step between pages. Every source is an official primary source: Queensland and Commonwealth legislation, the courts, or the relevant regulator.
