Does Family Violence Affect a Property Settlement After Separation?

For many years, people separating after experiencing family violence have asked an important question:

Does what happened during the relationship actually affect how our property is divided?

Following significant changes to Australian family law, the impact of family violence is now more clearly recognised when property and financial matters are determined after separation.

The changes apply to married and de facto couples and are particularly important where family violence has had an economic impact on one party.

What changed?

Changes to the Family Law Act commenced on 10 June 2025 and clarified the framework used to determine property settlements.

Importantly, the legislation now expressly recognises that the economic effect of family violence can be relevant when determining how property and finances should be divided.

This does not mean that experiencing family violence automatically results in someone receiving a particular percentage of the property pool.

The Court still considers the overall circumstances of the relationship.

However, where family violence has affected someone’s contributions during the relationship or their current and future financial circumstances, that impact can now be directly considered.

What about financial abuse?

The reforms also provide greater recognition of economic and financial abuse.

Financial abuse can take many forms.

It may involve one person controlling access to money, preventing their partner from working, withholding funds required for ordinary expenses, forcing someone to incur debts or exercising unreasonable control over financial decisions.

The effect can continue long after the relationship ends.

For example, one party may leave a relationship with limited savings, reduced earning capacity or significant liabilities despite the couple having accumulated substantial assets during the relationship.

These circumstances may become relevant when determining a property settlement.

Does family violence automatically mean a larger settlement?

No.

There is no automatic percentage adjustment simply because family violence is alleged or established.

The Court considers the economic effect of the family violence within the broader property settlement framework.

That may include considering whether the violence affected a person’s ability to make financial or non-financial contributions during the relationship, or whether it has affected their current and future circumstances.

Each matter turns on its own facts.

Evidence can become extremely important

Where family violence is relevant to a property settlement, properly identifying and presenting its financial impact may be important.

Depending on the circumstances, relevant material might include financial records, employment history, medical or counselling material, intervention orders, Police material, communications between the parties or evidence demonstrating control over finances.

Not every matter will require the same evidence.

Obtaining advice early can help identify what information may actually be relevant rather than attempting to collect everything associated with the relationship.

You still need to understand the complete property pool

Even where family violence is an important issue, the usual financial work involved in a property settlement remains necessary.

The assets, liabilities, superannuation interests and other financial resources of the parties still need to be identified.

The reforms have also placed the duty of financial disclosure directly into the Family Law Act, reinforcing the obligation on separating parties to provide relevant financial information when resolving property matters.

Trying to hide assets or failing to provide proper disclosure can have serious consequences.

Get advice before agreeing to a settlement

Property settlements can have consequences that last for many years after a relationship ends.

This is particularly important where one person has historically controlled the family’s finances and the other may not even know the full extent of the assets or liabilities.

At EAS Legal, our Family Law team assists clients across Australia with property settlements ranging from negotiated agreements through to complex financial disputes.

If family violence or financial abuse has affected your relationship, it is important that your property settlement considers more than simply whose name appears on the assets.

The financial consequences of what occurred during the relationship may matter too.

Frequently Asked Questions