Family Violence and Property Settlements
Family violence and property settlements are now directly linked under Australian family law.
Suppose you have experienced abuse in your relationship. In that case, the court can consider both the emotional and economic impact of that violence when deciding how to divide property and assess your future financial needs.
This can lead to an adjustment in your favour in a property settlement, whether you were married or in a de facto relationship.
Key takeaway: Family violence is no longer treated as “background” in property disputes – it can change how the court divides assets and assesses your financial position after separation.
What Does “Family Violence” Mean in Property Matters?
In family law, family violence is broader than physical abuse. It can include:
- Physical or sexual assault
- Coercive control and intimidation
- Verbal or emotional abuse
- Financial abuse, such as restricting access to money or running up debts in your name
- Stalking, monitoring, or isolating you from friends and family
If these behaviours occurred during your relationship, they may be relevant not only to parenting issues, but also to how your property settlement is worked out.
Key takeaway: Family violence includes a wide range of controlling and abusive behaviours, and all of these can be relevant when your property settlement is considered.
How Property Settlements Work – The Usual Framework
In a property settlement after separation, the family law courts generally follow a structured approach. In practice, that means:
- Identifying the property pool: All assets and liabilities are listed, whether they are in your name, your former partner’s name, or joint names. This includes real estate, bank accounts, superannuation, vehicles, businesses, and debts.
- Assessing contributions: The court considers what each of you contributed, both financially (income, savings, assets brought into the relationship) and non-financially (homemaking, caring for children, unpaid work in a family business).
- Looking at future needs: Factors such as age, health, earning capacity, care of children, and the overall impact of the relationship breakdown are weighed up.
- Checking that the outcome is just and equitable: The court steps back and asks whether the proposed division is fair in all the circumstances.
Family violence can now be taken into account at more than one of these stages, especially contributions and future needs.
Key takeaway: Property settlements look at the whole financial picture – what you own, what you each contributed, and what you will need going forward – and family violence can influence these assessments.
How Family Violence Can Affect Contributions
Australian case law has long allowed for what is often called a “Kennon-style” adjustment. In simple terms, this means the court can recognise that your contributions were made harder because of family violence.
This may apply where:
- There was a pattern of violent or abusive conduct during the relationship
- That conduct had a clear impact on you (for example, anxiety, fear, or health problems)
- Your contributions – such as caring for children, maintaining the home, or working – were made significantly more difficult as a result
If you can show this, the court may increase your share of the property pool to reflect the added burden you carried.
Key takeaway: If family violence made it significantly harder for you to work, parent, or manage the home, the court can recognise this by adjusting the property division in your favour.
New Laws: Considering the Economic Impact of Family Violence
Recent reforms to the Family Law Act mean that, from June 2025, the economic effect of family violence must be considered where relevant in property settlements, whether your matter is in court or being negotiated outside it.
This can include situations where:
- You were prevented from working or building your career
- Your partner controlled the money, leaving you with limited savings or superannuation
- You face ongoing medical, counselling, or relocation costs because of the abuse
- Debts were accumulated in your name without your genuine consent
These factors can affect both how your contributions are seen and what your future needs look like compared with your former partner.
Key takeaway: The law now specifically recognises that family violence can damage your earning capacity, savings, and long-term financial security – and this can shift the outcome of your property settlement.
What Evidence Can Help Show the Impact of Family Violence?
If family violence is relevant to your property settlement, it helps to gather clear evidence. Depending on your situation, this might include:
- Protection orders or police reports
- Medical or counselling records showing the impact on your health
- Text messages, emails, or social media messages that show abuse or control
- Financial records that demonstrate restricted access to money, unusual debts, or cancelled cards
- Statements from friends, family, neighbours, or colleagues who witnessed the behaviour or its effects
You do not need to have reported the violence at the time for it to matter, but documentation can make your case stronger.
Key takeaway: The more clearly you can show what happened and how it affected your life and finances, the easier it is for a court – or your former partner in negotiations – to understand why an adjustment is fair.
Family Violence, Safety, and Negotiating a Settlement
Not every property settlement ends up before a judge. Many people reach an agreement through negotiation, mediation, or lawyer-assisted dispute resolution. If you have experienced family violence, you still have options to settle safely, such as:
- Using shuttle mediation, where you and your former partner are in separate rooms or attend online
- Having lawyers negotiate on your behalf so you do not have to deal directly with the other party
- Asking for safety measures at court or mediation venues, like separate waiting areas or staggered arrival times
Any agreement you reach can be formalised through consent orders or a binding financial agreement to give you long-term security.
Key takeaway: Even if you prefer to avoid a contested hearing, you can still negotiate a property settlement that takes family violence into account, using processes designed to protect your safety.
