Domestic and Family Violence: Now a Consideration in Property Settlements

Domestic and Family Violence: Now a Consideration in Property Settlements

Domestic and Family Violence is ever present in our society. The rates are alarming and the impacts long-lasting.

We have seen significant law reform in both the State and Federal Courts in recent years, centered around safety and recognition for victims.

A recent change to the Family Law Act came into effect on 10 June 2025. Now, where parties are working out a property settlement (i.e. which assets and liabilities they each retain following separation) the Federal Circuit and Family Court is to take into account:

The effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the ability or a party to the marriage to make [financial contributions, no-financial contributions or contributions to the welfare of the family, including as homemaker or parent].

While the legislation is worded to refer only to ‘the marriage’, this same factor is a relevant consideration for de facto relationships too.

How do the new laws about Domestic and Family Violence apply in a Property Settlement?

This now means, if one party can prove that they suffered domestic and family violence during the relationship and that such conduct impacted their ability to make contributions during the relationship, this could see an increase to their overall entitlement.

Examples may include evidence of:

• One party restricting the other’s ability to work and earn an income,
• One party controlling the income of the family and how that income was spent,
• The results of physical or other violence or abuse impacting one party’s ability to care for children, undertake household tasks or engage in work. For example, as a result of injuries (either physical and/or psychological), and/or
• If one party restricted the other party’s movements.

The above are just a few of many examples and it will be necessary to provide evidence of both:

1. The conduct; and
2. How that conduct impacted one party’s ability to make contributions.

Domestic and Family Violence

The definition of domestic and family violence is broad and covers many forms of abuse.

It is critical that any evidence of domestic and family violence is prepared and presented carefully to ensure the best outcome is achieved.

We always recommend people seek advice from an experienced Family Lawyer.