Bruises fade and leave evidence behind. Financial abuse rarely does, which is exactly why it’s one of the most under-reported forms of domestic and family violence in Australia, even though it’s also one of the most common.
At Collective Family Law Group, we see firsthand how financial control can strip individuals of their independence, safety, and future security. It’s a form of abuse that can persist long after a relationship ends, particularly during separation or divorce, and it often escapes recognition because there’s no single incident to point to, just a slow erosion of choice.
In this article, we explain what financial abuse actually is under Australian law, how it’s defined differently across each state and territory, and what legal protections are genuinely available. Our goal is to offer clarity for those who may be experiencing it, and to remind anyone affected that help, and legal recourse, is available.
Understanding Financial Abuse Within Domestic Violence
Financial abuse, also called economic abuse, occurs when one partner controls another’s access to financial resources, making them financially dependent and limiting their freedom.
It’s a recognised form of domestic and family violence in every Australian state and territory, and it can occur in married, de facto, and family relationships alike.
This type of abuse is often subtle and insidious. It can include a partner:
- Controlling all household income and giving an allowance
- Preventing their partner from working or studying
- Hiding financial assets
- Forcing the partner to sign financial documents, contracts, or a power of attorney without explanation
- Accumulating debt in the victim’s name
- Removing or disposing of jointly owned property without consent
- Coercing a partner into claiming a Centrelink payment
Because it rarely leaves physical marks, financial abuse is often overlooked or misunderstood, even by those experiencing it. According to 1800RESPECT, most people who reach out for support say the abuse had been going on for a very long time before they recognised it or felt able to ask for help.
How Each State and Territory Defines Financial Abuse
While the Family Law Act 1975 applies nationally, the specific criminal and civil protections available to you depend on which state or territory you’re in. The Centre for Women’s Economic Safety has compiled a detailed breakdown of these laws, and the definitions are broadly consistent, though each jurisdiction phrases and applies them slightly differently.
Commonwealth: Section 4AB of the Family Law Act 1975 includes economic or financial abuse as an example of family violence, covering forcibly controlling a person’s money or assets, sabotaging their income, forcing them to take on debt, and withholding financial support from someone dependent on them.
Queensland: Section 12 of the Domestic and Family Violence Protection Act 2012 defines economic abuse as coercive or unreasonably controlling behaviour that denies a person the financial autonomy they’d otherwise have, including examples like coercing someone to relinquish control of assets, or preventing access to joint accounts for household expenses.
New South Wales: Since the Crimes Legislation Amendment (Coercive Control) Act 2022, economically or financially abusive behaviour falls within the definition of “abusive behaviour” under section 54F of the Crimes Act 1900, forming part of the state’s standalone coercive control offence, which carries a maximum penalty of seven years imprisonment.
Victoria: Section 6 of the Family Violence Protection Act 2008 defines economic abuse in near-identical terms, coercive or unreasonable control that denies a person’s financial autonomy or withholds necessary financial support.
Other states and territories: The ACT’s Family Violence Act 2016, the NT’s Domestic and Family Violence Act 2007, South Australia’s Intervention Orders (Prevention of Abuse) Act 2009, Tasmania’s Family Violence Act 2004, and WA’s Restraining Orders Act 1997 all separately recognise economic abuse as a form of family violence, each with their own specific wording and examples.
It’s worth understanding that recognising economic abuse in law doesn’t automatically make it a standalone crime everywhere. Only NSW, Queensland, and South Australia (once its laws commence) have criminalised coercive control specifically. In other states, financial abuse remains a basis for a protection order and a factor in family law proceedings, even without a dedicated criminal offence attached to it.
Financial Abuse in the Context of Australian Family Law
Courts recognise the serious impact financial control can have, particularly in decisions related to property settlements and parenting arrangements.
If you’re separating from a financially abusive partner, it’s essential to seek legal advice early. Our family law solicitors on the Gold Coast work with clients to ensure their rights are protected, and they aren’t left vulnerable during or after separation.
In cases where domestic violence, including financial abuse, is involved, the family court may take that into account when considering the division of property. This can affect the outcome of a de facto property settlement in Queensland and divorce proceedings generally, especially where the abuse limited one party’s ability to earn, save, or manage money during the relationship.
Signs That You May Be Experiencing Financial Abuse
Financial abuse can be difficult to identify, especially when it has been present for many years or forms part of broader coercive control. Some common signs include:
- Your partner insists on controlling all bank accounts and decisions
- You’re denied access to money for basic needs
- You feel unable to leave the relationship due to financial dependence
- Your partner sabotages your ability to work
- You’re unaware of, or excluded from, decisions about shared assets or superannuation
If these signs resonate with your experience, it’s important to speak with a professional. At Collective Family Law Group, we provide confidential family law consultations free of charge, so you can understand your options without pressure.
How Financial Abuse Impacts Separation and Divorce
The effects of financial abuse don’t end when a relationship ends. Many victims face long-term financial instability, legal complications, and emotional trauma. For some, fear of financial ruin becomes a major barrier to leaving an abusive relationship in the first place.
During divorce or de facto separation, the family law system offers mechanisms to address this imbalance. A court can make orders that recognise the disadvantage experienced by the victim, including through:
- Spousal maintenance, where one party is ordered to financially support the other while they rebuild independence.
- Unequal property settlements, if one partner was prevented from contributing financially, or their superannuation was affected, due to abuse.
- Urgent injunctions, freezing bank accounts or protecting assets from misuse before a final settlement is reached.
These legal protections can be crucial in empowering victims to rebuild their lives, and formalising the outcome, whether through consent orders or a court hearing, ensures it’s actually enforceable. Our guide on negotiating a property settlement covers this process in more depth, and if significant time has already passed since separation, our article on property settlements after long separation explains your options.
Legal Protections for Victims of Financial Abuse
Victims of financial abuse have several avenues for protection under Australian law.
Domestic Violence Orders (DVOs)
A Domestic Violence Order (known as a Protection Order in Queensland, and by different names in other states, including Apprehended Domestic Violence Orders in NSW and Family Violence Intervention Orders in Victoria) can include conditions to stop the abusive partner from further controlling or threatening the victim, including prohibiting financial abuse behaviours specifically.
If you’re on the Gold Coast or in Brisbane, a domestic violence lawyer can assist with applying for a DVO.
Urgent Court Applications
If there’s a risk that the abusive partner will dispose of assets, hide funds, or take actions to worsen the financial situation of the victim, urgent court orders can be sought to protect the property pool until a formal settlement is reached.
Family Court Considerations
The Federal Circuit and Family Court considers the entire relationship history when making property orders. If financial abuse impacted your contributions to the relationship or your earning capacity, this will be taken into account.
Financial Institution Support
It’s worth knowing that banks and financial institutions increasingly recognise the link between domestic and family violence and economic abuse. Some larger institutions have specially trained customer service teams who can, in appropriate cases, recommend that a debt created through economic abuse be waived, or provide other financial support to help victims get back on their feet.
The Role of Support Services
Legal support is only one part of the puzzle. Financial abuse often leaves emotional scars, and rebuilding confidence and independence takes time. In addition to legal guidance, we encourage clients to access community services, such as:
- Financial counsellors
- Domestic violence shelters
- Mental health support
- Centrelink’s crisis payments and support services, and the National Debt Helpline (1800 007 007) for debt caused by economic abuse
We work closely with local support networks on the Gold Coast and can refer you to resources tailored to your situation. If you’re in immediate danger, call 000. For confidential 24-hour support, contact 1800RESPECT on 1800 737 732, or in Queensland, DVConnect on 1800 811 811. Lifeline (13 11 14) is also available around the clock.
How We Support Clients Experiencing Financial Abuse
At Collective Family Law Group, we prioritise your safety and future. As one of the leading family law firms on the Gold Coast, we bring extensive experience in handling family law matters involving domestic violence, including financial abuse. We offer:
- Confidential consultations, with a focus on understanding your situation
- Clear legal advice, without confusing jargon
- Protective strategies, including urgent court orders where necessary
- Compassionate guidance, recognising the emotional toll of leaving an abusive relationship
Whether you’re still in the relationship or planning your next steps, it’s never too early to get legal advice.
Moving Forward: Rebuilding After Financial Abuse
Escaping financial abuse often means starting over, financially and emotionally. But with the right legal support, it’s possible to secure your rights and regain independence. We work to ensure that your contributions to the relationship are properly recognised, and that you’re given the opportunity to build a stable future.
You’re not alone in this. Whether you need a child custody lawyer, support reaching a parenting agreement in Queensland, or help with property division, our team is here to guide you every step of the way.
As advocates who have shared their own experiences of financial abuse have put it, it can feel like a padlock placed on an otherwise abusive relationship. Recognising that, and knowing help exists, is often the first real step out.
Final Thoughts
Financial abuse is a serious form of domestic violence that deserves recognition and a strong legal response. While it may be hidden behind closed doors, its impact is far-reaching. At Collective Family Law Group, we believe everyone deserves the opportunity to live free from control and fear, financial or otherwise.
If you or someone you know is experiencing financial abuse, help is available. Contact our Gold Coast family law solicitors for a confidential discussion about your legal options, or start with our separation and divorce guide if you’re still working out your next step.
FAQs
Is financial abuse recognised as domestic violence under Australian law?
Yes. Financial abuse is legally recognised as a form of domestic or family violence under the Family Law Act 1975 and state laws such as the Domestic and Family Violence Protection Act 2012 (Qld), along with equivalent legislation in every other state and territory.
Can I get a domestic violence order for financial abuse alone?
Yes. If your partner’s financial behaviour is controlling, coercive, or threatening, you may be eligible for a Protection Order in Queensland, or the equivalent order in your state. Speak with a Gold Coast domestic violence lawyer to assess your case.
What happens if my partner controls all the money and I want to leave?
We can help you apply for urgent court orders to protect assets and secure spousal maintenance or interim financial support. Your safety and security come first.
Will financial abuse affect my property settlement or divorce outcome?
Potentially. Courts consider the history of the relationship, including any abuse, when dividing property. This can influence how the asset pool is distributed in favour of the victim.
How do I access free legal advice if I’m experiencing financial abuse?
Collective Family Law Group offers family law consultations free of charge to help you understand your legal rights and options. We also work closely with support services for further assistance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified family lawyer for personalised guidance on your situation. If you are in immediate danger, call 000.
