12 Months On: How the 2025 Property Settlement Reforms Are Playing Out in Real Cases
Key Takeaways
The Family Law Amendment Act 2024 took effect on 10 June 2025, changing how courts decide property settlement matters under section 79 (marriages) and section 90SM (de facto relationships).
Courts can no longer add back notional sums for wasted or dissipated assets that no longer exist - following the Full Court's decision in Shinohara & Shinohara [2025] FedCFamC1A 126.
Wastage and family violence are now express considerations when courts assess the parties' current and future circumstances.
Family violence is also an express consideration at the contributions stage, alongside the pre-amendment Kennon & Kennon line of authority.
One year on, first-instance decisions show courts still relying heavily on pre-amendment case law such as Stanford v Stanford, Hickey and Kennon.
The evidentiary bar remains high - courts continue to require clear evidence of family violence and its effect on contributions, not general assertions.
Can I buy a new home after we separate?
Key Takeaways
• Yes, you can buy a new house after you separate — but be careful if your property settlement isn't finalised.
• Money that may be shared can be challenged later, and you could be forced to sell what you bought.
• Protect your position: avoid disputed funds, think about your children's needs, and get legal advice before you commit.
Separation often brings big financial questions, and one of the most common is: “Can I buy a new house after we separate?”
Short answer: Yes, but you need to be careful, especially if property settlement isn't final or the other party may have a claim on shared assets.
Nothing to hide: Understanding your duty of disclosure in a property settlement
Understanding your duty of disclosure in a property settlement
An important part of every property settlement is identifying the net property pool available for division. This requires parties to identify and value the assets, liabilities, superannuation interests and relevant financial resources held by either party, whether those interests are held personally, jointly or indirectly through a company, trust, partnership or other structure.
Disclosure is fundamental to that process.