New Family Law 2025: DV & Pet Custody Changes Queensland: Published by Bennett Carroll Solicitors – Queensland Family Lawyers
From 10 June 2025, changes to Australian family law are now in effect, fundamentally transforming how courts handle property settlements after separation. For the first time in Australian legal history, domestic violence and financial abuse must be considered when dividing assets between former partners. Equally revolutionary, family pets are no longer treated as mere property – courts now recognise the emotional bonds and caregiving responsibilities that come with beloved animals.
These landmark reforms under the Family Law Amendment Act 2024 represent the biggest shift in family law in decades, offering stronger protections for abuse victims whilst acknowledging that pets are family members, not possessions.
If you’re going through a separation in Brisbane, Ipswich, Gold Coast, Sunshine Coast, or anywhere across Queensland, these changes—in effect since 10 June 2025—could dramatically impact your case.
If you’re separating in Queensland and unsure how these changes affect you, speak to our family law team today for tailored advice.
What is the Family Law Amendment Act 2024?
The Family Law Amendment Act 2024 represents the most significant overhaul of Australian family law in decades. Parliament passed these reforms to better protect victims of domestic and financial abuse whilst ensuring fairer property settlements for all separating couples.
Key implementation date: 10 June 2025 (now in effect)
Who it affects: All separating couples in Australia, whether you’re resolving matters through the courts or privately
Major Changes to Property Settlements: What’s Different?
How Will Domestic Violence Now Affect Property Division?
Previously, domestic violence was often overlooked when considering a fair financial separation.
What the law now recognises:
- Physical, emotional, and psychological abuse
- Financial abuse (controlling bank accounts, preventing employment, accumulating debt in partner’s name)
- How abuse impacts a person’s ability to earn income or accumulate assets
Practical example: If your former partner prevented you from working or significantly reduced your career prospects through abuse, the court can now factor this into property settlement calculations, potentially awarding you a larger share of the property pool.
These changes can significantly impact your financial outcome after separation. Don’t leave it to chance—book a consultation with Bennett Carroll Solicitors now.
What About Financial Abuse—How Is This Defined?
Financial abuse is now explicitly recognised under the new legislation. This includes:
- Preventing employment: Stopping you from getting or keeping a job
- Controlling finances: Denying access to bank accounts or family money
- Accumulating debt: Taking out loans or credit in your name without permission
- Asset disposal: Selling or hiding assets to prevent fair division
Real-world impact: Courts can now order that debts accumulated through financial abuse don’t count against the victim’s share of property.
If financial abuse was part of your relationship, you may be entitled to a different property split under the new laws. Contact us to find out your options
How Will These Changes Affect My Current Separation?
If your separation is already underway:
- Cases filed before 10 June 2025 continue under old laws
- New applications filed after 10 June 2025 use the updated framework (now in effect)
- Consider getting urgent legal advice about how the new laws might benefit your case
If you’re planning to separate:
- The new laws now provide better protection if you’ve experienced abuse
- Property settlement negotiations may take longer as lawyers adapt to new requirements
- Legal advice is now more crucial than ever
Revolutionary Changes for Pet Custody
Are Pets Still Considered Just Property Under Family Law?
Not anymore. From June 2025, Australian family law will recognise pets as more than just property to be divided like a car or furniture.
What this means:
- Courts will consider the emotional bond between pets and family members
- Children’s relationships with pets become a factor
- Pet care arrangements can be made separately from property settlements
How Will Courts Decide Pet Custody?
The new framework considers:
Primary factors:
- Best interests of the pet: Who can provide better care, veterinary attention, and suitable living conditions
- Children’s relationships: If kids are attached to the pet, this weighs heavily in decisions
- Primary caregiver: Who fed, walked, and cared for the pet during the relationship
- Financial capacity: Who can afford ongoing veterinary bills and pet care costs
Practical arrangements might include:
- Shared custody schedules (similar to children’s arrangements)
- One person keeps the pet with visitation rights for the other
- Specific provisions for pet care costs and veterinary decisions
What If We Can’t Agree About Our Pet?
Just like other family law disputes, pet custody disagreements can be resolved through:
- Mediation: A neutral third party helps you reach agreement
- Collaborative law: Both parties work with lawyers to find solutions
- Family Court proceedings: As a last resort, a judge makes the decision
Disputes about pets can be stressful. Our family lawyers can help you reach the best arrangement for you—and your furry friend.
Frequently Asked Questions
When Do These Changes Take Effect?
10 June 2025 was the crucial date – these changes are now in effect. Any family law proceedings commenced after this date operate under the new rules.
Do These Changes Apply to De facto Relationships?
Yes, the amendments apply to both married couples and de facto relationships across Australia, including same-sex couples.
Got questions about how these changes apply to your situation? Speak to one of our experienced family lawyers today
Getting Professional Help in Queensland
These changes represent the most significant family law reforms in decades. Whether you’re in Brisbane’s, the Gold Coast, Sunshine Coast, or regional Queensland, understanding how these amendments affect your specific situation is crucial.
The team at Bennett Carroll Solicitors are experienced in Queensland family law and stays current with all legislative changes. We can help you navigate these new laws and protect your interests during separation. Contact us today.
Key takeaways:
- Major changes commenced 10 June 2025
- Domestic and financial abuse now significantly impact property settlements
- Pets are no longer just “property” to be divided
- Early legal advice is more important than ever
- Timing your family law application could be crucial
External Resources
- Separation in Queensland: What Legal Steps Should You Take?
- 10 Common Mistakes People Make During Separation and How to Avoid Them
- School and Childcare Arrangements After Separation: What Parents Need to Know
- Do I Need to Update My Will After Divorce or Separation in Queensland?
- Attorney-General’s Department – Family Law Amendment Act 2024
- Federal Circuit and Family Court of Australia
- Legal Aid Queensland – Family Law
- Australian Government – Family Relationships Online
These resources provide comprehensive information about Australian family law and will be updated as the new provisions take effect.
These changes could completely alter your settlement. Call Bennett Carroll Solicitors today for a confidential discussion or book an appointment online
Disclaimer: This article provides general information only and should not replace personalised legal advice. Family law is complex, and every situation is unique. The information contained in this article is current as of the date of publication and reflects the law as it stands in Queensland, Australia.
