In the past, family violence was not a major consideration in property settlement proceedings under Australian family law. However, this has changed. With a growing awareness of the serious and long-lasting financial impacts of family violence, significant legal reforms have been introduced to better support victims during property division matters.
At Family Focus Legal, we believe it’s important for separating parties to understand how recent changes to the Family Law Act may affect their entitlements—especially where domestic abuse, including economic or financial abuse, has occurred.
What’s Changed in the Law?
In December 2024, the Australian Government passed the Family Law Amendment Act 2024, which comes into effect on 10 June 2025. These legislative changes represent a major shift in how family violence is considered in financial proceedings, including property settlements and spousal maintenance claims.
Under the new law, courts must consider the financial impact of family violence when making property settlement decisions—something that was previously discretionary or overlooked altogether.
A Broader Definition of Family Violence
The new legislation also introduces a broader and more inclusive definition of family violence. It now clearly encompasses economic and financial abuse—for example, when one party controls the household finances, restricts the other party’s access to money, or prevents them from working.
This change acknowledges that abuse is not always physical or verbal—financial control can be just as harmful, especially when it undermines a person’s long-term security and independence.
How the Court Will Consider Family Violence in Property Matters
From 10 June 2025 onwards, the court is required to take into account how family violence has affected a party’s financial contributions and future needs. This may impact the outcome in the following ways:
1. Assessing Contributions to the Relationship
Family violence may diminish or prevent a party’s ability to contribute to the relationship, either financially or non-financially. For example:
- A person may have been prevented from working or building a career.
- They may have taken on a greater share of parenting or domestic responsibilities under duress.
- Contributions may have been made in circumstances of fear, coercion, or psychological harm.
The court can now consider these impacts when deciding how to divide the asset pool.
2. Assessing Future Needs
The court can also take into account the ongoing financial effects of family violence, including:
- Loss of income or career progression due to trauma.
- Reduced capacity to work.
- The need for ongoing medical treatment, therapy, or rehabilitation.
- Costs associated with relocation, securing safe housing, or establishing independence post-separation.
This means the victim may receive a larger share of the property pool or be awarded spousal maintenance to account for these future needs.
Spousal Maintenance and Family Violence
Importantly, the 2024 amendments now explicitly include family violence as a factor to be considered in spousal maintenance applications. If a party can demonstrate that violence has affected their ability to support themselves—either through reduced earning capacity or ongoing costs related to recovery—the court must take this into consideration.
A Step Forward in Family Law
These reforms represent a significant and positive step in the family law system, ensuring that the financial consequences of abuse are properly recognised. The changes bring greater fairness and sensitivity to matters involving domestic and family violence, ensuring victims are not further disadvantaged during separation and divorce.
Need Help Navigating Property Settlement After Family Violence?
If you have experienced family violence and are unsure how it may impact your property settlement, it’s important to seek legal advice. At Family Focus Legal, our compassionate and experienced team can help you understand your rights and advocate for a fair outcome that reflects your circumstances.
Contact us today to arrange a confidential consultation with one of our family law solicitors.
