Do the 2025 Family Law Changes Apply to My Case? A Plain-English Guide to the Transitional Rules

If you're in the middle of a property settlement right now, you've almost certainly heard that Australia's family law reforms have changed the rules.

And you're probably asking one question above all others: do the new family law changes apply to my case?

The short answer, for most people, is yes. But the detail matters, and getting it wrong could cost you.

This article breaks down exactly how the transitional rules work, who's affected, and what you should do next.

At Unified Lawyers, we've helped over 8,000 clients through family law changes, and we're seeing these questions every single day.

What Actually Changed on 10 June 2025?

The Family Law Amendment Act 2024 rewrote how property settlements work under the Family Law Act 1975.

It replaced the old judge-made process with a codified four-step framework.

The court now follows a set legislative pathway: identify assets and liabilities, assess contributions (including the effect of family violence), evaluate future needs, and apply a justice and equity check.

These aren't small tweaks.

The reforms also brought in recognition of economic and financial abuse as family violence, new rules on wastage of assets, specific orders for companion animals, simpler superannuation splitting, and elevated duties of financial disclosure.

You can read the full breakdown on the Federal Circuit and Family Court's official page.

This came on top of the parenting reforms that started on 6 May 2024 under the Family Law Amendment Act 2023, which overhauled how courts make parenting orders.

Together, these represent the biggest shake-up of Australian family law in half a century.

The Transitional Rule: When the New Law Applies to Existing Cases

Here's the part that catches people off guard. The family law reforms transitional provisions don't just apply to cases filed after 10 June 2025.

They apply to all existing proceedings that haven't reached a final hearing by that date.

Let that sink in. If you filed your application in 2024, or even earlier, and your matter was still on foot on 10 June 2025, the new rules kicked in for you too.

There was no grace period.

No option to stay under the old law.

The Attorney-General's Department factsheet for professionals spells it out clearly: an application for court orders made before 10 June 2025 is subject to the new laws if the matter has not progressed to a final hearing before that date.

The same rule applied to the 2024 parenting changes: they applied to all parenting proceedings that hadn't reached final hearing by 6 May 2024.

What Counts as a "Final Hearing"?

This is where it gets practical. A final hearing is the substantive trial where the judge hears the evidence and makes a decision.

It's not an interim hearing, a directions hearing, a case assessment conference, or a conciliation conference.

Those are procedural steps along the way.

If your final hearing had already started before 10 June 2025, the old rules apply. If it hadn't, you're under the new framework regardless of when you first filed.

In practice, this means the vast majority of ongoing property matters are now governed by the new law.

Court backlogs meant many cases filed in 2023 and 2024 were still waiting for a final hearing date when the reforms took effect.

How This Plays Out : Common Scenarios

Every situation is different, but here are the most common scenarios we're seeing at Unified Lawyers right now.

What Happens to Consent Orders?

This is one of the biggest questions we hear.

If you and your ex have already agreed on a property settlement and your consent orders were sealed by the court before 10 June 2025, those orders stand.

The reforms are not retrospective in the sense that they don't automatically reopen finalised matters.

But there's a nuance.

If your consent orders were filed before June 2025 but hadn't been approved and sealed by the court yet, the judge reviewing them may now assess them against the new framework.

This could affect approval if, for example, the proposed split doesn't account for family violence contributions in a way the new law expects.

And if you have grounds to set aside existing consent orders (fraud, non-disclosure, a material change in circumstances), any fresh proceedings will be determined under the new rules.

The threshold for setting aside orders hasn't changed, but the framework applied to any re-determination has.

Should You Have Waited for the New Law Before Settling?

We heard this question constantly in the months leading up to June 2025.

The honest answer is : it depended on your circumstances.

For some people, the new provisions offered a better outcome, particularly victims of economic abuse whose contributions were historically undervalued.

For others, the practical differences were minimal.

Now that the reforms are in effect, the question is moot for new matters.

But if you settled under the old rules and feel you got a raw deal, the reforms alone aren't grounds to reopen your case.

You'd still need to meet the existing legal thresholds for setting aside orders.

If you're currently mid-settlement and haven't finalised anything, though, you're in the right position to take full advantage of the new framework.

Don't wait.

Get advice on how the new property settlement rules affect your specific asset pool.

How the Transitional Rules Affect Your Legal Strategy

If you're mid-proceedings, the shift to the new framework isn't just academic. It can change the advice your lawyer gives you and the outcome you should expect.

The codified four-step process means judges now follow a set legislative pathway rather than the old case-law approach.

If your lawyer prepared your case under the old rules, the submissions, evidence, and strategy may need adjusting.

For example, contributions that were always relevant in practice (like caring for children or dealing with family violence) are now explicitly written into the legislation.

That's a stronger footing to argue from.

New factors like wastage of assets and the economic effect of family violence can shift the balance in ways that weren't as clearly supported under the old law.

If your ex recklessly ran down the asset pool or you were subjected to financial control during the relationship, the new provisions give the court clearer tools to account for that.

Put simply : if your case hasn't been finalised, your legal strategy should already reflect the new law. If it doesn't, that's a conversation to have with your lawyer today.

Frequently Asked Questions

Do the new family law rules apply to my existing court case?

Yes, in most cases.

If your property matter had not reached a final hearing by 10 June 2025, the new four-step framework under the Family Law Amendment Act 2024 applies to your proceedings.

The same transitional rule applied to parenting matters under the 2023 amendments, which took effect from 6 May 2024.

What happens to consent orders filed before June 2025?

If your consent orders were already approved and sealed by the court before 10 June 2025, they stand.

The reforms don't retrospectively undo finalised orders.

However, if your consent orders were filed but not yet sealed, the court may now assess them against the new framework before approving them.

Should I wait for the new law before settling?

The new law is already in effect, so the question of waiting is no longer relevant for new matters.

If you're currently in negotiations, your agreement should be structured around the new four-step framework.

Delaying settlement usually increases costs and emotional strain, so get advice on your position now rather than holding off.

Does the Family Law Amendment Act 2024 apply retrospectively?

Not in the traditional sense.

The reforms don't reopen matters that were already finalised. But they do apply to proceedings that were still on foot (not yet at final hearing) when the law commenced on 10 June 2025.

This is sometimes called prospective application to existing matters.

Can I reopen my property settlement under the new law?

The new reforms alone are not grounds to reopen a finalised property settlement.

The usual grounds for setting aside orders still apply: fraud, non-disclosure of assets, impracticability, or a material change in circumstances.

If one of those grounds exists and you bring fresh proceedings, the court will determine the matter under the new framework.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.