When couples separate, dividing property can be difficult. It becomes even more complex if there has been family violence or property settlement becomes part of the legal process.
In recent changes to family law, family violence is no longer considered only physical harm. The law now also looks closely at financial control, emotional abuse, and how one person’s behaviour may have stopped the other from contributing fairly to the relationship.
These new changes to family law have made it clear that courts must take domestic violence and financial rights seriously when deciding which party gets what after a relationship ends. If you have experienced abuse, this may affect how the court decides your share in the settlement.
Below are answers to the most common questions about family violence and property settlement.
Also Read: Updates to the Family Law Amendments Act in Australia: Explained Simply
How Does Family Violence Affect Property Settlement in Australia?
The court now includes family violence and property settlement as a connected issue. If a person was subjected to abuse, including threats or control, the court can look at how that treatment affected the victim’s ability to contribute to the relationship.
This includes both financial and non-financial contributions. For example, if someone was stopped from working, going to school, or managing money, the court can adjust the property split to reflect that.
The law also considers the future of both people. If family violence left someone in a worse financial position or affected their ability to earn money, the court may give them a larger share to help balance things fairly.
This is especially true when children are involved or one partner needs support after leaving an unsafe environment.
Also Read: What Factors Do Property Settlement Lawyers Consider When Dividing Assets?
Can Economic Abuse Be Considered in a Property Division?
Yes. The court now treats economic abuse as a form of family violence and property settlement must account for it. Economic abuse happens when one person controls another person’s access to money, limits what they can buy, or uses money as a way to threaten or punish them.
This is now listed clearly in the law as a reason to adjust how property is divided. It supports people who were financially trapped during the relationship and helps them recover some stability after separation.
Dividing property in abusive relationships now requires courts to look at the economic damage done by such abuse. It can lead to a more balanced outcome for the person who experienced financial control.
Will the Court Give Me More If I Experienced Family Violence?
Courts do not automatically give more to someone who experienced abuse. However, under the new family law reforms, the court must consider if family violence and property settlement should be adjusted due to the impact of that violence.
If the abuse prevented you from contributing financially, or affected your mental or physical health, the court can give you a larger share. The goal is fairness, not punishment. The court will also look at whether you will need more financial support going forward, especially if you are caring for children or recovering from trauma.
While each case is different, the law gives the court flexibility to weigh these things carefully. It focuses on what is fair and just in the circumstances.
How Is Financial Control Treated Under The New Property Laws?
Financial control is a form of economic abuse. The updated laws include this as part of family violence and property settlement. If your partner restricted your access to money, forced you to hand over income, or made you ask for basic spending needs, this may be taken into account during a property split.
The court can now look at how this control affected your independence and ability to make decisions. If you were stopped from using your own money or were excluded from decisions about assets or debt, the court can consider this abuse when dividing property.
These changes support people who felt trapped or controlled through finances and ensure their contribution to the relationship is not dismissed just because they had no control over money.
Also Read: Financial Abuse: A Hidden Form of Domestic Violence
What Evidence Of Family Violence Is Relevant In Property Matters?
To support a claim of family violence and property settlement adjustments, the court will need to see some form of evidence. This doesn’t always mean police reports or court orders. The court can consider:
- Testimony from you or others who witnessed the abuse
- Medical records or counselling notes
- Texts, emails, or messages showing threats or control
- Evidence of one person managing all the finances or denying access
The court has the power to consider how the violence happened, its effects, and how it changed your ability to work, save, or manage your life. It may also take into account harm to children or emotional distress.
These factors matter more now under the family law reform, especially when domestic violence and financial rights are involved in the case.
A Fairer Way Forward
Changes to how courts deal with family violence and property settlement aim to make the process more just for people who experienced harm in their relationships. These laws recognise that not all contributions are easy to measure and that abuse can deeply affect someone’s financial future.
If you have experienced domestic violence and financial rights were taken from you, or you are concerned about dividing property in abusive relationships, the law now offers clearer protection and more thoughtful consideration of your situation.
Need Help With A Property Settlement Involving Family Violence?
Do you have questions about how family violence could affect your property settlement? At Justice Family Lawyers, we support clients dealing with complex and sensitive family law matters, including financial abuse and unequal power in relationships.
We take the time to listen and help you understand your legal position so you can make informed choices.
Speak with our experienced legal team today for respectful, expert support that puts your best interests first.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
