Let’s talk about the changes regarding Domestic Violence and Property Settlements.
At Northside Lawyers, we know that separations are tough, especially when there are claims of domestic violence.
The good news? Most property settlements can be resolved by agreement, without dragging it through court—even if there is a dispute about family violence.
What’s New in the Law? (effective from 10 June 2025)
- The law now says courts must look at how family violence has affected someone when dividing up property after a break-up.
- The property settlement process and considerations for determining a property settlement are now written in the legislation.
- The goal is to make things safer, simpler, and fairer for everyone going through a separation.
How Does Family Violence Affect Property Settlements?
- Family violence is now a big deal at every relevant stage of the property settlement process.
- It’s not enough for one party to just say violence happened—they must show evidence of what actually happened and explain how it affected their health, their job, their ability to contribute to the relationship or their ability to earn money during the relationship, in the present circumstances and/or into the future.
- The court will make a decision based on what is more likely than not (the balance of probabilities), and both sides have the opportunity to tell their story and show their evidence.
- There may be an adjustment in the division of the parties’ assets where the effects of family violence have been proven and accepted by the court (or by the parties, if agreement for a settlement is reached out of court).
What Counts as Family Violence?
- It’s not just physical violence. It can be threats, controlling behaviour, financial abuse or even isolating someone from friends and family.
- Financial abuse could mean taking control of someone’s money, stopping someone from working, forcing them to take on debts, or withholding money needed for basics.
What About the Kids?
- If a child sees, hears, or is affected by family violence in any way, that counts as the child being exposed to family violence. This could be anything from seeing police at the house to overhearing threats or just giving mum or dad a comfort cuddle after an incident has occurred.
Can Allegations Be Disputed?
- Absolutely. The other person can challenge the claims and both sides will have the opportunity to present their evidence. The court looks at everything before making a decision. Each matter is determined by the court on its own circumstances.
- Going to court can be expensive and stressful, but most property settlements can be sorted out by agreement, even if there are disputes about family violence.
Is My Information Safe?
- Yes. Anything you tell your lawyer about family violence is protected by legal professional privilege – it absolutely stays confidential.
- If you are concerned about information you provided to a professional service (for example: psychologist or doctor), this information may be able to be protected where the risk of the evidence causing harm to a party is greater than the value of the evidence itself.
Key Takeaways
- Every situation is different, so it’s important to get legal advice that fits your circumstances.
- The law is still new, so there aren’t many examples yet of how courts will apply their consideration, but the focus is on the details and the real impact of family violence.
At Northside Lawyers, we work hard to resolve property settlements without the stress and cost of going to court. Most of our cases are settled by agreement.
Call us for a free first interview and we can provide considered advice on how we may be able to help you.