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:
- Identification of the property pool
- Assessment of contributions (financial and non-financial)
- 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