Family Law Reforms: How family violence will impact property settlements
The recent changes to the Family Law Act 1975, which largely come into effect in June 2025 will address how family violence is now considered in family law property settlement matters.
These amendments reflect the increasing prevalence of allegations of family violence in our society and within the family law jurisdiction specifically and the serious financial and emotional consequences that can result for victim-survivors.
The Federal Circuit and Family Court of Australia (‘the Court’) when assessing property settlement matters has traditionally had little regard, and only in the most severe cases, to family violence within the context of deciding the division of the property of a relationship.
From 10 June 2025 onwards, these amendments will allow for consideration of family violence and specifically how it may affect a party’s ability to contribute financially and non-financially to the relationship and to contribute to the welfare of the family. The Court will now also consider the economic impact of family violence that a party was subjected to or exposed to in relation to their current and future circumstances, including in relation to any reduced earning capacity. These amendments will allow for a significantly wider consideration of family violence than that which previously occurred in the Court via existing case law.
In addition to the above, the amendments also insert family violence into the list of factors that the Court may consider in relation to a spousal maintenance application by a party to family law proceedings.
The changes will apply to all new and existing court proceedings in the Court, except where a Final Hearing has already commenced. The Court will now have a clearer legislated framework to assess family violence in the context of property settlement and spousal maintenance matters.
If a party to a family law matter has been subjected to family violence such that it made their own contributions to the relationship significantly more difficult, the Court may make an adjustment of property in their favour as a result. In addition, the potential future consequences of a party having been subjected to or exposed to family violence may result in an adjustment of property by the Court in circumstances such as of loss of employment or career progression due to physical or psychological trauma, medical expenses and ongoing therapy costs or the need for relocation and safe housing.
The Court has long had a broad discretion to consider all relevant matters when adjusting and determining a family law property settlement, however until now, the explicit reference to the impact of family violence has not been included within that aspect of the legislation. It remains to be seen once the amendments do come into effect as to exactly how the Court and individual Judges will interpret the new legislation. The family law profession, family violence support service providers and victim-survivors will no doubt be waiting with bated breath for the first of the judgements released from the Court in this respect. It remains to be seen as to the actual financial or dollar impact in the overall family law property settlement that family violence may play.
It is also unclear at this stage as to how unproven allegations of family violence may be treated, as opposed to those where there has been a finding of fact or a conviction in relation to the perpetrating of family violence by one party against the other party to the family law matter.
If you are involved in a family law property settlement and you have been subjected to or exposed to family violence by the other party, it will likely be helpful for you to try and gather and retain evidence of the family violence that occurred. Most importantly, you should seek legal advice from an experienced family lawyer so you can understand how these changes may impact you and your matter.
If you need advice regarding your family law matter, our experienced Family Law team at Harwood Andrews can assist. Contact us to arrange an initial consultation.
Tara Paatsch
Principal Lawyer
M 0412 660 842 | T 03 5225 5254
E tpaatsch@ha.legal
Ivy O’Dwyer
Associate
T 03 5226 8582
E iodwyer@ha.legal
