Domestic Violence and Property Settlement

If you have lived with family violence, you may be wondering how it affects dividing your property and finances after separation. This is an important and sensitive area, and the law in Australia changed recently to address it more directly. This guide explains, in plain English, how family violence is treated in a property settlement under the Family Law Act 1975, what the courts now consider, and where to get help.

This is general information only. It is not legal advice, and every situation is different. If your safety is at risk now, call 000.

The law changed on 10 June 2025

For many years, the Family Law Act did not specifically mention family violence as a factor in property settlement. Courts could still take it into account through case law, but it was not written into the Act.

That has changed. From 10 June 2025, amendments made by the Family Law Amendment Act 2024 mean the courts must now consider the effect of family violence, where it is relevant, when deciding how to divide property and finances after separation. These changes apply to married and de facto couples, and they apply whether you reach an agreement yourselves or ask a court to decide. The changes apply to new and existing matters, except where a final hearing had already begun before 10 June 2025.

This matters because it puts the economic effect of family violence squarely on the table, rather than leaving it to be argued indirectly.

How the court approaches a property settlement

The Family Law Act now sets out a clear, structured process for working out a property settlement. In broad terms, the court:

1. Identifies the property, assets and liabilities of each person and of the relationship.
2. Considers the contributions each person made. This includes financial contributions, non-financial contributions, and contributions as a homemaker or parent.
3. Considers each person's current and future circumstances. This covers things like age, health, income, earning capacity and care of children.
4. Checks that the proposed division is just and equitable, meaning fair in all the circumstances.

Family violence is now written into this process at two key points.

Family violence and contributions

Under the amended section 79 (and the equivalent section 90SM for de facto couples), the court must consider the effect of any family violence on a person's ability to make contributions during the relationship.

The Act refers to "the effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the ability of a party to the marriage to make" financial, non-financial, homemaker and parenting contributions.

In practical terms, this recognises that someone who was living with violence or coercive control may have found it much harder to contribute. For example, they may have been prevented from working, studying or managing money. The contributions they did make, often in very difficult conditions, can be recognised more fully.

Family violence and current and future circumstances

The Act also requires the court to consider the effect of any family violence on a person's current and future circumstances.

The wording refers to "the effect of any family violence... on the current and future circumstances of the other party." This can include the impact on someone's health, their ability to work and earn, and the time and resources they need to recover and rebuild stability. Where care of children sits with one parent, that is also part of the picture.

The same considerations apply when a court looks at spousal maintenance, which is financial support one former partner may pay the other for a period after separation.

Economic and financial abuse is recognised as family violence

The amendments also make it clearer that economic or financial abuse can be a form of family violence under the Act. Section 4AB now gives examples, which can include controlling or withholding money, preventing someone from working or studying, coercing someone into debt or into signing documents, and dowry-related abuse.

If you experienced financial abuse, it helps to gather what evidence you can. That might include bank statements showing restricted access to money, loans or debts taken out without your knowledge or agreement, or records showing you were stopped from working. Clear information helps the court understand what happened and weigh it properly.

Full disclosure of finances

Both people in a separation have a duty to give full and frank disclosure of their financial situation, including all relevant assets, income and liabilities. As part of the 2025 changes, this duty of disclosure is now set out directly in the Family Law Act, which makes it easier to find and understand.

If assets were hidden and you discover them after a settlement, you may be able to ask the court to set aside or change the orders. This is not automatic. The court has a discretion under section 79A to revisit a settlement where, for example, there has been a failure to disclose or a miscarriage of justice. Getting legal advice quickly in that situation is important.

Safety and how a settlement is handled

Safety can shape how a settlement is reached, not just the outcome. If dealing directly with a former partner puts you at risk, there are safer paths. Lawyers and family dispute resolution practitioners can manage communication between you, and court processes exist precisely so that you do not have to negotiate face to face.

There may also be practical arrangements that support your safety, such as financial matters being dealt with through formal court orders rather than informal handovers. What is appropriate depends on your circumstances, and a lawyer can help you work out the safest sensible approach.

Family pets

The 2025 changes also introduced a specific framework for deciding who keeps a companion animal after separation. Among other things, the court can take family violence into account when deciding what happens to a family pet.

Making your settlement final

Reaching an agreement is not the end of the process. To make a property settlement legally binding, there are two main options:

• Consent orders, which are orders the court makes to reflect your agreement. They are binding in the same way as orders made after a hearing.
• A binding financial agreement, which is a private contract under the Family Law Act. You cannot enter into one without first getting independent legal advice from an Australian lawyer.

Independent legal advice matters for both options. A lawyer can make sure your agreement is properly documented, that it accounts for the effect of any family violence, and that it is enforceable.

Where to get support

You do not have to navigate this on your own.

• 1800RESPECT is the national domestic, family and sexual violence counselling service, available 24 hours a day on 1800 737 732. It also runs a financial abuse support service.
• Legal Aid in your state or territory can offer family law information and, depending on your situation, legal help.
• The Federal Circuit and Family Court of Australia website has plain-language information about property settlement and the 2025 changes.
• A family lawyer with experience in matters involving family violence can advise on how the law applies to your specific circumstances.

Separately can help you understand your starting point. By working through a short set of questions about your relationship, finances and circumstances, you receive an assessment that gives you a clearer picture of what a property settlement might look like. It is a helpful way to feel more informed and prepared before you speak with a lawyer. It is general information, not legal advice, and it works best alongside specialist advice about how family violence affects your situation.

Understanding how the law now works can help you feel steadier about the road ahead, and there are people and services ready to support you along the way.