How Family Violence Now Impacts Property Settlements in Australia’s Courts

In Australia, the way courts handle family law cases—especially property settlements—has undergone a significant shift in recent years. One of the most notable changes is how family violence is now factored into decisions about dividing assets after a separation or divorce.

Traditionally, property settlement was largely a financial exercise. The focus was on contributions (both financial and non-financial) made by each party and the future needs of each person. But as awareness of the long-term impact of family violence grows, so too has its relevance in the family law context. If you’re going through a separation and have experienced or been accused of family violence, it’s crucial to understand how this can affect your case. Speaking to an experienced Australian family lawyer early can make all the difference.

Understanding Property Settlements in Australia

Under the Family Law Act 1975, courts follow a structured approach when determining property settlements. These steps include:

1. Identifying and valuing the asset pool—This includes all assets, liabilities, and financial resources of both parties.
2. Assessing contributions—This includes financial contributions (like income and property) and non-financial contributions (like homemaking and child-rearing).
3. Considering future needs—This includes age, health, care of children, income potential, and more.
4. Making a just and equitable division—The court ensures the final outcome is fair for both parties.

For many years, this process didn’t explicitly include family violence. But that is now changing.

How Family Violence Now Plays a Role

In this case, the court recognised that in some situations, family violence could affect a party’s contributions during the relationship, especially where the violence made it significantly more difficult for them to contribute.

For example, if one partner endured ongoing abuse that made it harder to work, parent, or manage the home, this may now be recognised when assessing contributions. The law does not reward or punish behaviour in a moral sense, but it acknowledges that abuse can reduce a person’s ability to participate equally in the relationship.

Key Legal Considerations

To successfully argue that family violence should influence a property settlement, the victim must provide evidence that:

• The violence occurred, and
• It made their contributions during the relationship significantly more arduous.

Evidence might include police reports, court orders (like an AVO), medical records, or testimony from witnesses. Judges are increasingly trained to understand the subtle and long-lasting effects of domestic abuse, including coercive control, financial abuse, and emotional manipulation.

Practical Impacts on Property Division

If the court accepts that family violence made one partner’s contributions more difficult, it may lead to an adjustment in their favour when dividing assets. For example, they may receive a larger share of the property pool to reflect their diminished capacity to contribute or the hardship they endured.

However, each case is different. Family violence is not automatically considered in every property settlement. That’s why working with a legal service that understands the complexities of family law is vital.

An experienced Australian family lawyer can help present your case effectively, gathering evidence and making clear submissions to the court. Whether you’re seeking a greater share due to family violence or defending against a claim, the quality of your legal representation can greatly influence the outcome.

Final Thought

If you are navigating a separation where family violence is a concern, or you're unsure whether it could impact your property settlement, don’t face the process alone. A qualified Australian family lawyer can guide you through your options and ensure your voice is heard.

The right legal service can help you access the protection, support, and fair treatment you deserve. Every family’s situation is unique, and the law now recognises the lasting harm of abuse in more meaningful ways.

Contact now for personalised advice that prioritises your safety, rights, and future.