Financial control occurs when one partner has excessive power over the couple’s finances, restricting the other’s access to money, assets, or financial information.
While managing finances together is a normal part of relationships, financial control becomes harmful when it limits a person’s independence, making them financially dependent on their partner.
Understanding financial control is crucial to recognising unhealthy relationship patterns, protecting your financial rights, and seeking legal support if needed.
This guide will explain how financial control operates, its connection to abuse, the legal protections available in Australia, and the steps to take if you or someone you know is experiencing financial control.
What Are Some Examples of Financial Control in a Relationship?
Examples of financial control include:
- Giving the partner a strict allowance while withholding access to joint funds.
- Blocking access to bank accounts or credit cards.
- Making financial decisions without discussion or consent.
- Forcing a partner to hand over their wages or benefits.
- Monitoring all spending and requiring explanations for purchases.
- Preventing the partner from working or studying to gain financial independence.
- Taking out loans or making purchases in the partner’s name without their permission.
While financial management is a shared responsibility in healthy relationships, financial control removes fairness and autonomy, leading to financial dependence and emotional distress.
How Can Financial Control Become a Form of Abuse?
Financial control can be a form of economic abuse, a recognised type of domestic abuse in Australia. Economic abuse occurs when a person uses money, assets, or financial restrictions to manipulate, intimidate, or trap their partner.
When financial control escalates into abuse, it often includes:
- Isolation: The victim is financially dependent on the controlling partner, making it harder to leave the relationship.
- Manipulation: The abuser uses money to gain obedience, reward compliance, or punish independence.
- Intimidation: Threatening to stop financial support, refuse necessities, or leave the victim homeless.
- Exploitation: Forcing the victim into debt, fraud, or financial agreements they cannot afford.
Victims of financial abuse may feel powerless, unable to leave due to a lack of resources. This type of control can also have long-term effects, including financial instability, damaged credit scores, and mental health struggles.
What Are the Legal Protections Against Financial Control in Australia?
Australia recognises financial abuse as a serious issue, and laws have been put in place to protect victims. Financial control is often addressed under domestic violence laws, family law, and financial legislation.
Key legal protections include:
- Family Law Act 1975: Recognises financial abuse as a form of family violence. Courts consider financial abuse in divorce settlements, property division, and child custody matters.
- Domestic and Family Violence Protection Laws: Each state and territory has laws allowing victims to apply for protection orders (such as an Apprehended Domestic Violence Order or Family Violence Intervention Order), which may include financial provisions.
- Centrelink and Financial Support: Victims of financial control may access emergency financial assistance, crisis payments, and exemptions from certain Centrelink obligations.
- Banking and Debt Protections: Banks in Australia offer financial hardship assistance, including separating joint accounts, freezing shared debts, and providing support services.
- Workplace Protections: Some workplaces offer domestic violence leave or support services for employees experiencing financial abuse.
These legal protections aim to provide financial independence and security for victims of financial control and abuse.
How Can You Prove Financial Control in a Family Law Case?
If you are experiencing financial control, gathering evidence is essential in legal proceedings. Courts may require proof to determine whether financial abuse has occurred and how it affects divorce settlements, property division, or custody arrangements.
Evidence may include:
- Bank Statements: Showing restricted access, unexplained withdrawals, or financial transactions made without consent.
- Financial Agreements or Contracts: Proving that the abuser took out loans or debts in the victim’s name.
- Communication Records: Text messages, emails, or written demands restricting financial access.
- Employment Records: Documents proving a partner prevented the victim from working or forced them to leave employment.
- Witness Statements: Testimonies from friends, family members, employers, or professionals who have observed the financial control.
- Legal or Financial Expert Reports: Statements from financial counsellors, lawyers, or accountants demonstrating financial dependence or unfair control.
If financial control is affecting your legal rights, an experienced family lawyer can help gather evidence and present your case effectively.
Also Read: 4 Key Points to Prove Emotional Abuse in Court
Reclaim Your Financial Independence with Expert Legal Support
Financial control can be overwhelming, but you don’t have to face it alone. If you or a loved one is experiencing financial control, legal guidance can make all the difference. Justice Family Lawyers specialises in family law and domestic violence cases, helping individuals protect their financial rights.
Contact Justice Family Lawyers today for expert advice on your situation. Take the first step toward financial freedom and a secure future.
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.