South Australian families are navigating significant changes to family law following major reforms that came into effect in May 2024, with additional changes scheduled for June 2025. These reforms represent the most substantial overhaul of family law in decades, fundamentally changing how courts approach parenting arrangements and property settlements.

Key Changes to Parenting Arrangements (Effective 6 May 2024)

The End of Equal Time Presumptions

‍One of the most significant changes is the removal of the previous presumption of equal shared parental responsibility. This change addresses widespread misconceptions that parents were automatically entitled to equal time with their children.

What this means for families:

  • Courts now focus exclusively on the child’s best interests when making parenting orders
  • Reduced likelihood of unsafe arrangements being ordered
  • Less lengthy litigation over parenting time
  • Greater emphasis on what actually works for each individual child

Increased Focus on Child Safety

The reforms prioritise child safety above all else, with courts now required to consider:

  • The child’s physical and emotional safety
  • Protection from family violence
  • The child’s developmental needs
  • Each parent’s capacity to provide a safe environment

Upcoming Property Settlement Changes (10 June 2025)

New Four-Step Process

The Family Law Amendment Act 2024 introduces a clear, structured approach to property division:

  1. Identification of the property pool
  2. Assessment of contributions (financial and non-financial)
  3. Consideration of future needs factors of what is just and equitable

Expanded Family Violence Considerations

The reforms significantly expand how family violence is considered in property settlements, including:

  • Economic and financial abuse recognition
  • Impact on earning capacity- Safety considerations in property division
  • Protection of vulnerable parties

Financial Disclosure Requirements

New statutory duties require:

  • Full and frank financial disclosure from both parties
  • Greater transparency in asset identification
  • Stronger penalties for non-disclosure
  • Streamlined processes for accessing financial information
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