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Over the last few years there have been major changes to the way Australian courts deal with financial separation after a relationship breaks down. These reforms affect how property is divided, how spousal maintenance is assessed, and how superannuation is valued and split.
The key changes include the Family Law Amendment Act 2024 (most financial changes commenced on 10 June 2025), new superannuation regulations in 2025, and earlier reforms that allow parties to obtain information about a former partner’s superannuation directly from the ATO via the family law courts.
The traditional four‑step approach that family law practitioners have used for years has effectively been written into the Family Law Act. The court must now move through a clearer, codified framework and, at every stage, ask whether it is just and equitable to make any property orders at all.
Step 1 – Identify the property pool and contributions.
The court identifies each party’s legal and equitable interests in all assets and liabilities, and considers each party’s financial and non‑financial contributions, including contributions as homemaker and parent.
Step 2 – Assess contributions overall.
Based on those contributions, the court comes to an overall percentage division of the asset pool. This is not a mathematical exercise but a broad assessment of who has contributed what over the course of the relationship.
Step 3 – Consider current and future needs.
The court then considers the parties’ current and future circumstances, including their earning capacities, age, health, the care of children, and other factors that may justify adjusting the contribution‑based percentages to reach a fair outcome.
Step 4 – Make orders only if just and equitable.
Finally, the court decides what actual orders should be made (who gets which asset or liability) and only does so if it would be just and equitable to alter property interests at all. The court is not required to make an order simply because parties are before it.
The reforms significantly strengthen how the law deals with family violence, including economic or financial abuse. The definition of family violence now expressly includes conduct such as restricting access to money, incurring debts in the other party’s name, or using dowry‑related abuse to control a spouse.
This has real financial consequences. When assessing contributions, the court can consider how family violence limited a person’s ability to work or contribute. When looking at current and future circumstances, the court can take into account the long‑term economic impact of the violence, including disrupted careers, poor health and reduced earning capacity. These factors can lead to the victim of family violence receiving a larger share of the existing asset pool or more generous maintenance.
Historically, courts sometimes used “add‑backs” – treating money that had been wasted, spent or moved by one party as if it were still part of the asset pool. That notional amount was then added back to the balance sheet for division. Recent reforms and case law have moved away from treating this notional property as part of the pool.
Instead, the Act now includes an express focus on wastage. The court can consider whether one party has engaged in wasteful or reckless conduct (for example, gambling, extravagant spending, or deliberate dissipation of assets), and what impact that has on the parties’ financial circumstances at the time of trial.
Rather than “adding back” a dollar‑for‑dollar figure, wastage is dealt with holistically: it may affect the assessment of contributions, or be weighed in the “current and future needs” stage to arrive at a just and equitable overall result. The practical message for clients is that preventing wastage before and during separation is far safer than hoping the court will fix the problem later.
Companion animals.
Companion animals (family pets) are still technically treated as property, but courts now have specific guidance on how to deal with them. The court can consider any history of abuse or threatened abuse of the animal, the bond between the animal and either party or any children, and who is best placed to care for the animal. The court can order that a pet be transferred to one party, but it will not order shared “custody” of pets.
Less adversarial processes.
The “less adversarial” approach, which was previously used mainly in parenting cases, can now be applied more readily to financial matters. Judges have greater flexibility to manage evidence and procedure in a way that reduces conflict and cost, including encouraging settlement and focusing on the real issues in dispute.
Stronger and earlier disclosure duties.
The duty of full and frank financial disclosure is now written directly into the Family Law Act. It begins when a party is preparing to start property or maintenance proceedings and continues until the dispute is finally resolved. Parties must disclose all relevant financial information and documents, including bank statements, tax returns, payslips, business records and details of trusts and companies.
Non‑compliance can result in serious consequences: costs orders, the court adjusting the division of property against the non‑disclosing party, or even findings of contempt in extreme cases. Lawyers are specifically required to warn clients about these duties and the risks of non‑disclosure.
Reforms from 2022 allow a party to apply to the family law courts to obtain superannuation information about their former partner directly from the ATO. This makes it much harder for a person to hide superannuation.
From 2025, new superannuation regulations modernise the way super interests are valued for family law purposes. Updated actuarial factors and valuation methods are designed to reflect current economic conditions and the wider range of retirement‑income products now available.
In Western Australia, de facto couples now have access to superannuation splitting under the Family Law Act, bringing them into line with married and de facto couples in the rest of Australia.
The new legal landscape makes it more important than ever to plan ahead and protect your position, both before and after separation.
When couples separate, one of the first questions is, “Who gets what?”
Australian family law has a structured way of answering that question. It is not about who is “to blame” for the breakup. It’s about working out a fair and “just and equitable” division of the property you have at the time of the settlement.
In simple terms, the court (or your lawyers in negotiations) usually look at the four steps:
You don’t need to go to court to use this approach. Good family lawyers apply the same logic to negotiate and reach agreement, either directly between lawyers, at mediation or through a formal Binding Financial Agreement (BFA) or Consent Orders filed with the Court.
The law also treats marriages and de‑facto relationships in a very similar way for property division purposes. Time limits apply, so it’s important to get early advice, especially if there are businesses, trusts or overseas assets involved.
Asset pools
Order splits
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Growing and protecting successful individuals, family offices and business.
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“Goldman Lawyers guided me through one of the toughest times of my life with professionalism and compassion. Thanks to thier expertise, I achieved a better outcome than I ever expected.”
Many of our family law clients are business owners, professionals or high‑net‑worth individuals with companies, family trusts, self‑managed super and assets in multiple countries. We therefore combine specialist family law expertise with our tax, trusts, estates and commercial teams so that your parenting, property and financial arrangements are managed as one integrated strategy, not in separate silos. (Goldman Law)
We regularly deal with cross‑border divorces, international relocation, complex business valuations, restructuring after separation, and disputes over control of trusts or family entities. Our senior lawyers appear in the Federal Circuit and Family Court and higher courts, and are known for strong litigation skills while still prioritising negotiated outcomes where appropriate. (Goldman Law)
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We appear in Local, District and Supreme Courts and deal with a wide spectrum of matters, including fraud and financial crime, violence and domestic violence orders, regulatory offences and matters that intersect with family law or professional discipline (for example, doctors facing AVOs or criminal allegations). (Goldman Law)
Throughout, we’re clear about prospects, plea options and costs, and we integrate media and reputational considerations for high‑profile clients where needed.
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We design structures for asset protection, intergenerational wealth transfer, tax efficiency and succession planning, often in careers and sectors that are highly litigated (doctors, engineers, entrepreneurs, directors). We also advise on reorganising legacy structures that have become tax‑inefficient or risky. (Goldman Law)
Being a STEP‑affiliated firm in trusts and estates, we’re comfortable coordinating with overseas advisers and family offices to ensure structures work across Australia, the UAE, Europe and beyond. (Goldman Law)
Goldman Lawyers has long experience in medico‑legal disputes, regulatory investigations and health‑sector litigation. (Goldman Law) We act for doctors, surgeons, dentists and allied health practitioners in AHPRA investigations, hospital credentialing issues, Medicare and PSR matters, coronial investigations, disciplinary hearings and complex negligence claims.
We understand that many health professionals also have private practices, property and investments, so we link our Medical & Health team with our commercial, tax and asset‑protection lawyers to protect both your professional and personal balance sheet. (Goldman Law)
Where allegations overlap with criminal or family issues (for example, domestic violence, sexual assault or child‑related allegations), we coordinate strategy across those teams to minimise collateral damage to your license, reputation and future earning capacity. (Goldman Law)
Yes. Our Estates & Wills team handles both front‑end estate planning and back‑end estate litigation, including will disputes, family provision claims and complex cross‑border estates. We are recognised as leading senior lawyers in trusts, estates and wills and are STEP‑aligned. (Goldman Law)
On the planning side, we draft wills, testamentary and discretionary trusts, powers of attorney, enduring guardian appointments, superannuation death‑benefit nominations and bespoke structures for blended families and international assets. On the disputes side, we act in challenges to unfair wills, inheritance claims, mental‑capacity and guardianship disputes, and cross‑border succession issues where foreign forced‑heirship rules and tax regimes may apply. (Goldman Law)
We’ll usually start with a strategy consult to clarify whether negotiation, mediation or litigation is the best pathway and discuss whether litigation funding or alternative fee structures may be available in estate matters. (Goldman Law)
Our Commercial & Corporate (Commercial Structures) practice focuses on entrepreneurs, family offices, private investors and growth businesses in Australia and globally. (Goldman Law) We advise on entity structuring, shareholders’ and unitholders’ agreements, joint ventures, private equity deals, venture capital arrangements, corporate governance and director risk.
We also have a long track record in commercialising intellectual property and complex projects, including film and media financing, pharmaceutical and vaccine commercialisation, and high‑value technology deals, often using sophisticated funds and cross‑border tax‑driven structures. (Goldman Law)
Because our lawyers have been directly involved in fundraising and structured finance, our advice is not purely theoretical – we calibrate documentation to the commercial reality so that deals are bankable, tax‑efficient and actually close.
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Our approach is to map litigation risk early, including cost, timeframes, settlement ranges and reputational impact. We use targeted discovery, carefully chosen counsel and, where appropriate, litigation funding or bespoke fee arrangements (especially in family and estate litigation) so that clients can pursue or defend significant claims without taking on disproportionate financial risk. (Goldman Law)
Because we are multi‑disciplinary, our litigators can draw on tax, corporate, health, cyber and family experts inside the firm – a real advantage in complex disputes where issues overlap. (Goldman Law)
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For high‑net‑worth individuals, family offices and SMEs, we work alongside (not instead of) your accountants and financial advisers – we handle the legal risk, rulings, negotiations and court aspects so that your financial and legal teams are aligned.
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We are particularly active for cyber start‑ups, scale‑ups and investors, where issues of IP ownership, cross‑border data flows, export controls and funding terms all intersect. (Goldman Law)
For HNW individuals and family offices, we also advise on reputation and privacy in the digital environment – including take‑down strategies, platform complaints, and coordinated litigation where online content crosses the line into defamation or harassment.
When high‑net‑worth individuals, family offices and successful business owners look for a law firm, they’re usually not searching for “just” a divorce lawyer, a tax adviser or a litigation team. They’re looking for a private‑client law firm that can protect their family, their wealth and their business interests in a joined‑up way – across family law, trusts and estate planning, international tax, commercial and corporate law, litigation, financial crime, medical and health law and cyber law. (Goldman Law)
Key things sophisticated clients typically look for are:
In short: HNW individuals, emerging wealthy families, family offices and SME owners usually look for a senior‑led, internationally aware, multi‑practice private‑client firm that can handle family, wealth, tax, business and disputes under one roof, with offices across Australia and key global hubs and a transparent, strategic approach to fees and funding. Goldman Lawyers has structured its nine practice areas – Family Law, Criminal Law, Trusts & Wealth, Medical & Health, Estates & Wills, Commercial & Corporate, Litigation & Disputes, International & Domestic Tax and Cyber Law – precisely around those needs. (Goldman Law)
Goldman Lawyers + JustFund provide a safe, transparent, and flexible way to fund your family law matter now — and repay only after settlement.
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Eligibility Criteria
Eligible asset types:
If financial pressure is preventing you from progressing your family law matter, Goldman Lawyers can guide you through the legal funding process. We support you at every stage, ensuring compliance, transparency, and a smooth experience aligned with Google Screened standards. Begin your application at JustFund.com or contact Goldman Lawyers for tailored legal advice.
Take Control Today:
Family law disputes are often complex and can take many months or even years to resolve. During this time, it is common for one partner to have complete control over the financial resources, while the other struggles to access even basic funds. Without legal funding, clients may be forced to delay action, settle unfairly, or remain in harmful situations. Legal funding ensures that every client, regardless of financial circumstances, can obtain representation and negotiate from a position of strength.
Families, marriages separation and inheritances, tax residency, trusts and foundations.
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Complex litigation or sensitive dispute resolution. Fearless litigators to defend or protect individuals and organizations.
With deep local and international expertise for over 30 years.
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Established team for numerous cross-border transactions and disputes, including complex and sensitive disputes. We are a full-service firm for Private clients from small to large matters. We remain an independent firm, thus Goldman has the flexibility to work with clients and other firms internationally with fewer restrictions.
Diverse industry experience in IP, Tech, Cyber, services, trading, global licensing, family-owned business, family offices, corporate and commercial, international finance, litigation, regulatory and restructuring.
Work with for the specialist needs of individuals and private groups in diverse areas such as family law, criminal and regulatory investigations (Interpol). Global assets and restructuring, planning, and restructuring. Estate planning and trusts as well as low tax regimes and other legal advice
Outstanding results from our expert team in mediation, parenting, financial and court action or appeals in family law matters nationally across Sydney.
Expert senior criminal team with proven results in local court, defended matters, appeals and complex criminal including financial and fraud .
Wealthy families set up trusts to protect, increase, reduce tax and distribute wealth. Our experience means trusts can be set-up by all.
A wealth of experience in health law. We represent you for notifications to AHPRA to registration or renewal issues; and successfully defend health practitioners against professional misconduct or med-neg.
Estate planning means understanding your needs and desires, for the best course of action that safeguards assets and your family. More than just a will. We have over 20 years of experience and are a fellow of STEP.
Practical sensible advice for business to limit your liabilities including company structures and regulation. Planning, growth, and expansion including shares, finance, assets, asset protection and global structures.
Leading lawyers in complex litigation; accredited as mediators for alternative dispute resolution. Multi-jurisdictional tax and finance litigation.
Assist with cross-border wealth, expat income and investments. Comprehensive domestic and international wealth and tax planning.
We assist in identifying, mitigating and responding to cyber law as well as managing responsibility resulting from legal action or regulatory scrutiny.
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