Economic and Financial Abuse in Family Law – Understanding Your Rights

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Economic and financial abuse is a form of family violence that is now being given stronger recognition under Australian law. In June 2025, amendments to the Family Law Act came into effect, specifically including economic and financial abuse in the legal definition of Family Violence. This change acknowledges the significant and lasting impact that financial control and manipulation can have on individuals and families.

What is Economic and Financial Abuse?

Economic and financial abuse occurs when one person controls another person’s access to money, assets, or financial decision-making in a way that is unreasonable, harmful, or coercive. This form of abuse can leave the victim feeling powerless, dependent, and unable to make choices about their own life.

Under the updated Family Law Act, examples of financial abuse include:

  • Unreasonably denying financial autonomy, such as:
    • Controlling assets, money, or superannuation without consent.
    • Preventing a partner from earning an income or sabotaging their employment.
    • Forcing them to take on debt or liabilities in their name alone.
    • Accumulating debt in their name without their knowledge.
    • Refusing to share information about the family’s financial position.
  • Withholding financial support needed for reasonable living expenses for a partner or children.
  • Coercing a family member to hand over money or assets, including through threats, intimidation, or psychological abuse.
  • Hiding funds or assets, including transfers to others to avoid disclosure.

Examples of Financial Abuse in Everyday Life

Financial abuse can be subtle or overt, and often goes unnoticed until significant harm has been done. It may include:

  • Being forced to give bank account login details to the other party.
  • Having access to your own bank accounts blocked.
  • Being closely monitored for every purchase you make.
  • Being pressured into buying assets or entering into contracts without proper consideration.
  • A partner prioritising luxury spending over essential expenses like mortgage repayments, rent, or groceries.

Post-Separation Financial Abuse

Importantly, economic and financial abuse can continue even after separation. In family law matters, we often see situations where:

  • Assets are sold or transferred without consent.
  • Child support payments are deliberately withheld.
  • A former partner refuses to disclose relevant financial information.
  • Assets are hidden to avoid property settlement obligations.

These actions can create ongoing stress, delay legal proceedings, and undermine fair outcomes.

The Impact of the 2025 Law Changes

By specifically including economic and financial abuse in the definition of family violence, the amended Family Law Act ensures the courts will consider these behaviours when making decisions about parenting arrangements, property settlements, and protective orders.

This recognition also strengthens the ability of victims to:

  • Seek family violence orders for protection.
  • Argue for fairer property settlements that take into account financial misconduct.
  • Access support services and legal remedies more easily.

What To Do If You Are Experiencing Financial Abuse

If you suspect you are experiencing economic or financial abuse, it is important to:

  1. Document everything – keep records of transactions, communications, and any evidence of coercion.
  2. Seek legal advice early – an experienced Family Law solicitor can help protect your rights and secure urgent financial support if needed.
  3. Consider protective measures – such as changing passwords, opening separate bank accounts, and applying for court orders.
  4. Access support services – including domestic violence helplines, financial counsellors, and community legal centres.

At Family Focus Legal, we understand how overwhelming and isolating financial abuse can be. Our compassionate and experienced team can guide you through your options, represent your interests in court, and help secure a fair resolution.

If you are experiencing economic or financial abuse, contact Family Focus Legal today for confidential advice and support. Call us or complete our online enquiry form to speak with one of our experienced Family Law solicitors.

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