Family Law Has Changed: What the 2025 Property Reforms Mean for Queensland Families

If you are separating in Queensland, the rules for resolving property and financial matters have changed.

The Family Law Amendment Act 2024 (Cth) introduced significant amendments to the Family Law Act 1975 (Cth). Most of the property-related changes commenced on 10 June 2025 and apply nationally, including to families in regional Queensland and the Rockhampton area.

The reforms do not mean that every separating couple will receive a different percentage of the property pool. However, they provide a clearer framework for decision-making and expressly require courts to consider issues such as family violence, economic abuse, wasted assets, liabilities, housing needs, and companion animals.

This article explains the main changes and what they may mean if you need family law advice in QLD.

This is general information only and is not a substitute for legal advice about your circumstances.

What is the new property settlement framework?

When a court determines a property settlement, it must first identify the parties’ existing property interests and liabilities. It then considers the contributions made by each person and their current and future circumstances before deciding whether an adjustment is just and equitable.

In practical terms, the process generally involves:

1. Identifying the property and financial interests that exist, including real estate, bank accounts, businesses, vehicles, investments, and superannuation.
2. Identifying liabilities, such as mortgages, personal loans, credit cards, tax debts, and business debts.
3. Assessing contributions, including financial contributions, non-financial contributions, homemaker contributions, and parenting contributions.
4. Considering the parties’ current and future circumstances, including care of children, housing needs, income, earning capacity, age, health, and the effects of family violence where relevant.
5. Deciding whether an outcome is just and equitable, meaning fair in all the circumstances.

The amendments clarify that a court is not required to make an order changing property interests simply because the parties have separated. The court must first be satisfied that making an order is appropriate and just and equitable.

Family violence and economic abuse now have a clearer role

One of the most important changes is the express recognition of the effect family violence can have on a person’s contributions and financial position.

Family violence is not limited to physical violence. The legislation recognises that economic or financial abuse can also form part of family violence. Examples may include:

• Controlling a partner’s access to money or bank accounts
• Preventing a person from working or studying
• Unreasonably restricting access to financial information
• Forcing someone to take on debts or legal liabilities
• Accumulating debt in another person’s name
• Withholding money needed for reasonable living expenses
• Controlling or interfering with superannuation, assets or income
• Using financial control to make a person dependent

The court may consider how family violence affected a person’s ability to make financial, non-financial, homemaker, or parenting contributions. It may also consider the effect on that person’s current and future circumstances.

For example, a person who was prevented from working, excluded from financial decision-making, or required to undertake unpaid caring responsibilities may have experienced financial consequences that are relevant to a property settlement.

This does not mean that an allegation automatically results in a particular property adjustment. The circumstances, evidence, and effect of the conduct must be considered carefully.

If family violence or financial control is part of your situation, it is important to obtain advice before negotiating. Your safety should come first. If you are in immediate danger, call 000. You can also contact 1800RESPECT for confidential support and information.

Wasted assets and liabilities may need closer attention

The reforms also clarify that the court can consider the material wastage of property or financial resources.

Wastage may be relevant where a person intentionally or recklessly dissipates assets or financial resources. Depending on the circumstances, examples could include significant gambling losses, deliberately damaging property, recklessly spending joint funds, or taking on substantial liabilities without proper justification.

The key issue is not whether every dollar spent during a relationship must be accounted for. Ordinary living expenses and reasonable decisions will not necessarily amount to wastage. The conduct generally needs to be significant and relevant to the overall property settlement.

The court must also consider liabilities and the circumstances in which they were incurred. This can be particularly important where:

• One person incurred debt for a business
• Joint funds were used to pay personal liabilities
• A party has guaranteed another person’s loan
• There are unpaid tax or business obligations
• Debt was incurred as part of financial abuse
• The parties disagree about responsibility for a mortgage or loan

Good records can help. Keep copies of bank statements, loan documents, business records, tax information, asset valuations, and communications about significant spending or debts.

Companion animals are addressed specifically

Many separating families are concerned about what will happen to their dog, cat, or other companion animal. From 10 June 2025, the legislation introduced a specific framework for companion animals in property proceedings.

A companion animal is generally an animal kept primarily for companionship. The framework does not apply in the same way to assistance animals, business animals, agricultural animals, or laboratory animals.

A court may make an order that:

• One party has ownership of the animal
• The animal is transferred to another person who consents to the transfer
• The animal is sold

The legislation does not provide for a court order requiring joint ownership or shared possession of a companion animal.

When considering what order to make, the court may look at matters including:

• Any animal abuse or threats involving the animal
• Each person’s attachment to the animal
• The attachment of children to the animal
• Who provided day-to-day care
• Each person’s financial and non-financial contributions
• Each person’s ability to care for the animal in the future

If you and your former partner can reach a safe and practical agreement about the animal, it may be preferable to formalise that agreement rather than leave the issue unresolved.

Housing and the care of children

The new framework also highlights the importance of housing needs where a party has care of a child under 18.

A property settlement is not determined solely by who paid the deposit or whose name appears on the title. The court may consider the practical housing needs of children and the ability of each parent to provide appropriate accommodation.

This may be especially relevant where:

• One parent has the majority of the care of children
• The family home is the only suitable property near schools or support networks
• A child has additional medical or educational needs
• One party has limited income or earning capacity
• Selling the home would create significant housing instability

These factors must be considered alongside the value of the property pool, the parties’ contributions, and their broader financial circumstances.

Do the reforms apply if separation happened before June 2025?

The reforms may apply even if a couple separated before 10 June 2025, provided the property matter had not already been finally determined or reached a final hearing before the relevant commencement date.

The changes do not automatically reopen property settlements that have already been finalised. Transitional rules can be important, so you should obtain advice about the status of your matter rather than assume the old or new framework applies.

There may also be time limits for starting property proceedings. For married couples, an application generally needs to be made within 12 months after a divorce becomes final. Different rules can apply to de facto couples, including a general two-year time limit from separation, subject to exceptions.

Do not wait until a deadline is close before seeking advice.

What should Queensland families do next?

Whether you live in Brisbane, Rockhampton, Gladstone, Mackay, or another Queensland community, the federal Family Law Act applies to your property settlement. Your location does not change the legal framework, although regional families may face additional practical issues involving property valuations, travel, local support networks, rural assets, or access to services.

Before negotiating a settlement, consider taking these steps:

1. Prepare a complete financial picture. List assets, liabilities, superannuation, businesses, trusts, and significant transactions.
2. Secure important documents. Keep copies of bank statements, tax returns, loan records, title documents, and business information.
3. Consider immediate safety concerns. Change passwords and obtain support if there has been financial control, threats, or family violence.
4. Record contributions and care arrangements. Include parenting, homemaking, unpaid work, and support provided during the relationship.
5. Avoid transferring or disposing of assets without advice. This can create further legal and financial complications.
6. Obtain advice before signing an agreement. A lawyer can explain whether the proposed outcome is legally effective and whether further steps are needed.
7. Consider formalising the agreement. Depending on the circumstances, this may involve consent orders or a financial agreement.

If you are looking for family law advice in QLD, or a family law lawyer in Rockhampton, Capricorn Legal and Consulting can help you understand your options and the next practical steps.

How Capricorn Legal and Consulting can help

Property matters after separation can involve more than dividing a house and bank accounts. Family violence, business interests, debts, superannuation, parenting responsibilities, and housing needs may all affect the advice you need.

Capricorn Legal and Consulting provides practical legal guidance for individuals and families across Queensland, including clients outside the major metropolitan centres. We focus on helping clients understand their legal position, identify realistic options, and take practical steps to reduce uncertainty.

If you need a Lawyer in Rockhampton or assistance with a Queensland property settlement, contact Capricorn Legal and Consulting to discuss your circumstances.

Further information

For official information about the reforms, see:

• Federal Circuit and Family Court of Australia: Family Law Amendment Act 2024 changes
• Australian Government Attorney-General’s Department: Family law property changes from 10 June 2025
• Federal Circuit and Family Court of Australia: Family law forms and procedural updates

These resources provide general information. Legal advice should be tailored to your relationship history, financial circumstances, safety concerns, and the stage of your property matter.