Domestic violence deeply affects people and families, and its impact often continues even after a relationship ends. In Australia, family law now recognises how domestic violence can play an important role in deciding who gets what in a property settlement. When dividing assets, the courts consider the effect that abuse—whether physical, emotional, or financial—had during the relationship. In this article, I explain how Australian law deals with domestic violence in property settlements, including key legal rules, important court decisions, and recent changes to legislation.
Understanding Domestic Violence in the Context of Family Law
Domestic violence, under Australian law, includes more than just physical harm—it also covers emotional abuse, psychological manipulation, coercive control, financial abuse, stalking, and social isolation. These behaviours are not limited to acts of aggression but also include patterns of control and dominance that erode a person’s autonomy and safety.
In family law, domestic violence is relevant because it can directly impact the contributions a person makes to the relationship. For example, a partner subjected to abuse may have been prevented from working, managing finances, or participating equally in parenting and household duties. This reduces their capacity to contribute in the same way as a non-abused partner, which must be factored into a fair property settlement.
Further, the long-term effects of domestic violence—such as trauma, reduced earning capacity, and ongoing health issues—can create greater future needs for the victim. Australian courts consider these needs when dividing assets, aiming to ensure that survivors are not financially disadvantaged as a result of abuse endured during the relationship.
The Kennon Principle: How Domestic Violence Can Influence Property Settlements
The Kennon principle comes from a well-known 1997 case in Australia, Kennon v Kennon. In this case, the Family Court recognised that domestic violence can affect how property is divided after a relationship ends. This decision marked an important shift in Australian family law by acknowledging that abusive behaviour can make a person’s contributions to a relationship much more difficult.
The key idea behind the Kennon principle is fairness. If one partner’s violent or abusive behaviour made it significantly harder for the other to contribute to the relationship—whether financially, emotionally, or through parenting and household duties—the court may take this into account during the property settlement.
To apply the Kennon principle, a person must show:
- A clear pattern of domestic violence or abuse by their partner during the relationship.
- Evidence that the abuse had a real, negative impact on their ability to contribute.
- Proof that their efforts in the relationship were made harder because of the domestic violence.
For example, if someone was constantly criticised, controlled, or threatened, and this prevented them from working or made caring for children more difficult, the court might adjust the property division in their favour.
This legal principle helps ensure that survivors of domestic violence are not penalised for having fewer financial or practical contributions. It acknowledges that abuse doesn’t just cause harm during the relationship—it can also reduce someone’s ability to build wealth or support the family, which is important when working out a fair split of assets.
In summary, the Kennon principle offers courts a way to address the deeper impact of domestic violence in property settlements by looking beyond numbers and recognising the human cost of abuse.
Legislative Reforms: How Domestic Violence Now Impacts Property Settlements
In Australia, the law has been changing to better support victims of domestic violence during separation and divorce—especially when it comes to dividing property. The latest changes come through the Family Law Amendment Act 2024, which updates the Family Law Act 1975. These new rules come into effect on 10 June 2025.
Under these reforms, courts must now consider the economic impact of domestic violence when deciding how to fairly divide assets and property. This means judges need to look at how abuse—especially long-term or controlling abuse—has affected one person’s financial situation during the relationship and after it ends.
One important area now formally recognised is financial abuse, a common but often hidden form of domestic violence. This can include:
- Controlling access to money or bank accounts.
- Preventing a partner from working or studying.
- Forcing a partner to take on debt.
- Taking money or assets without permission.
These behaviours can leave a person with little financial independence and long-term financial insecurity, which is now something the courts will take into account when working out a property settlement.
The aim of these reforms is to help victims of domestic violence receive a fairer share of the property. This doesn’t just look at what each person contributed financially, but also the difficulties and disadvantages someone faced because of the abuse. If a person was harmed or held back from working or managing money because of domestic violence, the court can now recognise this in its decision.
These changes are a major step forward in making sure the law responds more fully and fairly to the real-life impacts of domestic violence on people’s lives—especially when it comes to financial security after separation.
How Domestic Violence Affects Property Settlements in Practice
Domestic violence can have a serious impact on how property is divided after a relationship ends. When there is a history of domestic violence, the court may adjust the property settlement to reflect the challenges the victim faced.
Here are some ways domestic violence can influence the outcome:
- Reduced Contributions: A person experiencing domestic violence may have been unable to work, manage the home, or care for children equally due to fear, control, or trauma.
- Ongoing Needs: Abuse often causes long-term health issues or affects a person’s ability to earn an income, which can lead the court to award a greater share of property to meet their future needs.
- Economic Abuse: This includes situations where one partner had complete control over money, leaving the other without financial independence or security.
Courts take these factors seriously when deciding how to fairly divide assets. The goal is to reach a property settlement that properly reflects the victim’s situation and what they have endured.
Barriers to Proving Domestic Violence
Even though domestic violence is recognised by family law, proving it in court can be difficult. Victims may face several obstacles, including:
- No Evidence: There might not be police reports, medical records, or other formal documentation of the abuse.
- Emotional Strain: Talking about the abuse in legal settings can be distressing and retraumatising.
- Lack of Funds: Some victims don’t have the money to hire a lawyer or pay for expert witnesses.
These challenges highlight the need for a strong legal framework that supports victims and helps them present their experiences clearly and safely.
How Lawyers Help in Domestic Violence Property Settlements
A family lawyer plays a key role in making sure a fair outcome is reached when domestic violence has occurred. Their support includes:
- Collecting Evidence: Helping clients find and present documents, statements, or other proof of abuse.
- Building the Case: Developing arguments that explain how the domestic violence affected the victim’s contributions and financial future.
- Providing Support: Offering compassionate and clear guidance throughout the legal process.
At Collective Family Law Group, we take a client-first approach. We understand the emotional and legal challenges victims face and work to ensure their experiences are properly recognised in property settlements.
Takeaway
Domestic violence has a lasting effect on both a person’s wellbeing and their financial future. Australian family law now gives courts the tools to consider this when dividing property after a separation. Through important case law and recent reforms, the legal system is better equipped to deliver just outcomes for victims of domestic violence.
FAQs
How does domestic violence affect property settlements in Australia?
Domestic violence affects property settlements by limiting a victim’s contributions and creating future financial needs. Courts may adjust the division of property to fairly account for these impacts.
What is the Kennon principle?
The Kennon principle, from Kennon v Kennon (1997), allows courts to recognise the effect of domestic violence on a person’s ability to contribute to the relationship when deciding how property should be divided.
Are there legal reforms covering domestic violence and property settlements?
Yes. From 10 June 2025, new laws under the Family Law Amendment Act 2024 require courts to consider the economic effects of domestic violence, including financial control, during property settlements.
What makes proving domestic violence difficult in family law cases?
Victims often lack official evidence, struggle emotionally to share their stories, and may not have the financial means to seek legal help or present expert evidence.
How can a lawyer help with property settlements involving domestic violence?
A lawyer can help by gathering necessary evidence, building a strong case that highlights the impact of abuse, and guiding the client through the legal process with empathy and professionalism.
