The OMB Law Board S4 Ep 2 | So, What Actually Changed in Family Law This Year?

In this episode of The OMB Law Board, Family Law Partner and Doyle’s Guide recognised specialist Abbi Golightly returns to unpack one of the most significant updates to Australian family law in recent years, the Family Law Amendment Act 2025.

Abbi explains the codification of the four step process for property settlements, what it means, how it impacts separating couples, and why clarity in the legislation might finally make things a little easier to navigate.

From contributions and future needs to that final all important step of what is “just and equitable,” Abbi and our host break it down in plain English, offering listeners clarity, context, and confidence as they move through the separation process.

Whether you are a legal professional, recently separated, or simply curious about how the law is evolving, this episode provides the insight you need without the jargon.

🎧 Listen now to stay informed, empowered, and up to date with the latest in family law.

What is The OMB Law Board?

Welcome to The OMB Law Board, the podcast where legal insights meet practical advice. Hosted by Simon Bennett, Managing Partner at OMB Solicitors, this show delves into what you can expect when engaging with OMB Solicitors. Specialising in property law and commercial law, OMB also boasts dedicated teams for estate planning, contested estates, body corporate matters, litigation, and family law.

Each episode features in-depth discussions led by experienced team leaders, some with over 20 years of expertise. You'll gain valuable knowledge on initial consultations, cost assessments, timelines, and the importance of clear communication and confidentiality in legal matters.

Join us to break down barriers and navigate your legal journey with confidence. Tune in for expert advice, client stories, and tips on how to prepare for your legal needs. The OMB Law Board is your trusted source for all things legal.

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Today I've got Abbi Golightly, OMB Family Law Partner, accredited family law specialist, recognised by Doyle's Guide. Abbi, you are so accredited and recognised in family law. I'm so pleased to have you here. Welcome back. Stop it, I'm blushing. It's good to be back.

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So I think our, you know, it's great to be back in season four and the reaction and the comments and the interaction we've had with our listeners has been fantastic, particularly with the Family Law series. So I'm really keen to drill down on some, some detail today. Sure, absolutely. So if we could do that. What I'd like to talk to you about is,(...) I think last year we had the amendment to the legislation, which kicked in about June this year. Correct. And the Family Law Amendment Act, I think. So tell us a little bit about that because this is big, big changes in the family law.

Absolutely. So yeah, on the 10th of June, 2025, these changes commenced. There is a raft of changes, but I thought today would probably just drill down on the ones that are most significant and the ones that will probably most impact our clients firstly.

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And then the other changes will be another episode. So happily come back and have a chat about those.(...) The first biggest change was the, what we call codification of the four-step process with respect to property settlement.(...) Wow. That's, codification, what are we talking about here? Sure. So codification effectively just means putting into the law what the cases have said we are to do when we're dividing up assets after a relationship.(...) And what it simply means is that instead of relying on cases, we now have it set out in the Family Law Act. So it's in black and white in mostly plain English to set out the steps that we advise our clients on when we're talking about how they're going to divide their assets. I'll touch on each of those four steps. The first stage is the identification and valuation of the assets and liabilities of the relationship. And what is an asset of a relationship is an entirely separate discussion as well.(...) The second step that we look at in relation to the division of assets are looking at contributions.(...) And those contributions are considered at a number of different stages across the course of a relationship. What you bring to a relationship is important, subject to how long your relationship is of course. What you contribute through the relationship is incredibly important. And those contributions are not just financial contributions because the law reflects that parties to a relationship sometimes do make contributions that are not quantifiable by dollars and cents. So non-financial contributions within the relationship. Correct. Very important, equally as important as financial contributions in a lot of respects. So those are your homemaking, your domestic contributions, contributions, renovations, improvements to homes, things like that.(...) And then contributions after separation are relevant too. However, that is subject to how far post-separation we are. If parties are dividing their assets reasonably close to separation, then that's not of significant importance. The third stage is looking at adjustment factors. And this is where we consider the future needs of both parties, taking into account earning capacity, differentials, income differentials, health considerations, whether someone has the care and control of children under the age of 18. Those are all weighed in terms of considering does someone need anything further than what they've contributed to a relationship when they're dividing up their assets.

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And then the last step is the just and equitable step. Again, some fancy words for fair and reasonable. So what is fair and reasonable and what can be practically achieved requires the courts and us when we're advising our clients to consider how we're going to give effect to this outcome in a way that is fair and reasonable and practically able to be achieved. So is that last component a little bit of discretion? Absolutely. So having codified the steps and clarified from case law in legislation, the specifics, the final element allows just that little bit of discretion to get a just and equitable or a fair outcome. Correct. So discretion in family law is a big aspect of it when we're giving advice to our clients about their rights and entitlements on separation. We talk in ranges of between X and Y per cent or X and Y per cent dollars because it is discretionary. No formula to it. No AI generated bot that prints out the outcome for us. It is certainly open to every individual decision maker to determine what they consider just and equitable. So is the codification, the clarification of this previous case law, is that going to make things simpler?

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I would like to say yes.(...) We're still working our way through all the authorities that are coming out post these changes. But in a general sense, it does make it clearer so that there is a lack of, I guess, a lack of openness in terms of interpretation. These are the steps. This is what we have to consider. And this is how we get our outcome. So a bit more specific and a little bit less open to interpretation. Correct.

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Abbi, how do you think our clients and our listeners will be affected by this change? This change won't significantly impact our clients and the advice we give. It just provides us with the capacity to say, here is the law and this is what it says. The other changes that commenced on Tandoon are going to, in my opinion, have more of a significant and direct impact to our clients. Fantastic.(...) And in your day to day practice, what are the what are the elements that you think this will enable you to do better and more efficiently than than previously? It will enable us to have more direct authority, direct case on point rather than the various other cases that have existed. You know, in this case relies on this case, in this case relies on this case. Here is the legislation and here is what we have to take into account when we're dividing up our assets at separation. Yeah. So I think from a legal point of view, that's more about, you know, these are the elements of the legislation. This is the application of your facts to those elements. Correct. And here are the potential outcomes. Correct. The scope of outcomes that we've got available to us. Exactly. And my advice to my clients is always if we can get you an outcome that's between this at this point and this point, that's an outcome that we should be happy with and content to resolve matters on and resolve matters amicably, cost effectively and get you in and out of this process as soon as we can. Well, Abbi, thanks so much for bringing us up to date with the most recent changes to the Family Law Act.(...) I think our listeners will have really appreciated the update and I know that I was unaware of some of those changes. So that's certainly very informative and we love having you back here. So thanks for coming. No problem. Happy to be here. And if the listeners have any comments or questions for Abbi or anyone else from OMB in respect of these matters, please drop us a line below and we'll do our best to come back

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