The Family Court’s approach to acknowledging family violence in property settlements and spousal maintenance claims under the Family Law Act 1975 has changed as of 10 June 2025.
Why the change?
There is increasing recognition of the prevalence of family violence within the community and the risks posed to parties going through separation.
Changes to the Family Law Act 1975 were made to help address the economic consequences that victims and survivors of family violence experience during and following separation.
These changes are intended to provide the Family Court with broader discretion to consider the economic impact of family violence to ensure settlement outcomes are just and equitable and that parties are provided with proper financial maintenance following separation.
Key changes
1] The definition of Family Violence under section 4AB of the Act has been amended to encapsulate a broader range of economic and financial abuse.
This has been done by repealing the existing references to economic and financial abuse and placing examples of economic and financial abuse into their own separate provision. Examples of behaviour that may constitute economic and financial abuse include:
unreasonably denying a family member the financial autonomy that the family member would otherwise have had, such as by;
a] forcibly controlling the family member's money or assets, including superannuation; or
b] sabotaging the family member's employment or income, or potential employment or income; or
c] forcing the family member to take on a financial or legal liability, or status; or
d] forcibly or without the family member's knowledge, accumulating debt in the family member's name;
unreasonably withholding financial support needed to meet the reasonable living expenses of a family member, or a family member's child;
coercing a family member (including by use of threats, physical abuse or emotional or psychological abuse):
a] to give or seek money, assets or other items as dowry; orb] to do or agree to things in connection with a practice of dowry;
hiding or falsely denying things done or agreed to by a family member, including hiding or falsely denying the receipt of money, assets or other items, in connection with a practice of dowry.
2] Family violence is a factor that may be considered in spousal maintenance claims under section 75(2).
The effect of any family violence to which one party has subjected or exposed the other party, including on any of the matters mentioned in section 75(2) (such as the health of a party) must now be considered by the Family Court when considering spousal maintenance claims.
This amendment recognises that family violence may impact a party’s need for spousal maintenance. For example, a party may not be able to leave the family home because they cannot afford the expense of alternative accommodation or because they have been restrained from having their own bank account or access to their own funds.
This amendment is intended to ensure parties are provided with sufficient maintenance at the end of a relationship, and it is not intended to be punitive or compensatory.
3] Family violence is also a relevant consideration under the property settlement framework under section 79.
Family violence can be considered by the Family Court when assessing parties’ contributions to the relationship, as well as any future needs of the parties, when determining a property settlement.
This acknowledges that family violence may have impacted a party’s ability to contribute to the relationship and also their future circumstances. For example, one party may have prevented the other from engaging in employment during the relationship, thereby limiting their financial contributions. This act of family violence, in turn, may impact a party’s ability to gain meaningful employment in the future.
If you would like confidential and specialist advice about your particular circumstances, contact us today to arrange an appointment by email at info@rmfamilylaw.com.au or call 02 6225 7040 or get started now online.