How Family Violence Affects Property Settlement

When relationships break down, dividing property is rarely simple. But when family violence is part of the story, things can quickly become even more complicated — legally, emotionally, and financially.

Recent changes in Australian family law now recognize that abuse isn’t always physical. It can be emotional, psychological, or even financial. The law now looks closely at how one partner’s behaviour might have prevented the other from contributing fairly to the relationship — and how that imbalance should be addressed when dividing property.

These updates are a big step forward in protecting victims of abuse and ensuring fairer settlements. Let’s take a closer look at how family violence and property settlements intersect — and what that means for you.

How Family Violence Affects Property Settlement in Australia

The Family Court now treats family violence and property settlement as closely connected issues. If one partner experienced abuse — whether through threats, intimidation, or financial control — the court considers how that behaviour may have impacted their ability to contribute to the relationship.

This includes both financial and non-financial contributions. For example, if one partner was stopped from working, studying, or managing money, that directly affects their financial independence. In such cases, the court may adjust the property division to ensure fairness.

The court also looks ahead. If the violence has left a person with health issues, trauma, or limited earning capacity, they may receive a larger share of the assets to help rebuild their future.

This approach is especially important when children are involved, as it helps create stability and security for the parent who was affected by the violence.

If you’re unsure how these laws apply to your situation, speaking with Justice Family Lawyers can help you understand your rights and options. Their team is experienced in handling complex property matters involving family violence and can guide you toward a fair resolution.

Can Economic or Financial Abuse Impact a Property Settlement?

Absolutely. Economic abuse is now formally recognized under Australian law as a form of family violence — and it can significantly influence how property is divided.

Economic abuse happens when one partner uses money as a tool of control. This can include restricting access to bank accounts, forcing the other person to account for every dollar spent, or using finances as a way to manipulate or punish.

The courts now acknowledge how devastating this kind of control can be. If a victim was denied financial independence or trapped in debt during the relationship, the judge can take that into account when dividing property.

In simple terms, the court aims to restore balance. It recognizes that financial abuse limits one person’s ability to build assets or contribute equally, and it adjusts the property division to reflect that.

Will the Court Give Me More If I Experienced Family Violence?

It’s a fair question — and one many people ask. The answer is not automatically, but the court will definitely take your experience into account.

Under current family law reforms, judges must consider whether abuse affected your capacity to contribute, earn, or maintain financial stability. If family violence caused emotional harm, limited your career, or left you unable to work, the court may decide that a larger share of the property is fair.

However, this isn’t about punishing one party — it’s about fairness. The goal is to ensure that victims of abuse aren’t left financially disadvantaged simply because of what they endured.

Each case is unique, and outcomes depend on the circumstances. That’s why seeking legal advice from professionals familiar with both property and domestic violence matters is crucial. If you’re located in Queensland, for instance, reaching out to a domestic violence lawyer in Brisbane can be an important first step in protecting your safety and your rights.

How Does the Court Treat Financial Control?

Financial control is one of the clearest forms of economic abuse, and it’s now explicitly recognized in family law.

If your partner controlled your income, forced you to hand over your wages, or made you ask permission for everyday expenses, the court can treat this as abuse during the property division process.

Why? Because financial control often leaves victims dependent, powerless, and unable to plan for their future. By recognizing this behaviour, the law ensures that those who suffered financial abuse aren’t unfairly penalized when it’s time to divide assets.

In practice, the court might award a greater share of the property to the victim to compensate for the years they couldn’t build their own savings or career.

What Evidence Counts as Family Violence in Property Matters?

One of the most common concerns victims have is: “How do I prove it?”

While official documents like police reports or court orders can help, they aren’t the only evidence the court will consider. Judges understand that not all victims report abuse — and the law allows for a range of evidence types, such as:

• Personal testimony (your account of what happened)
• Statements from friends, family, or colleagues who witnessed the abuse
• Medical or counselling records showing the impact of the violence
• Emails, texts, or messages that demonstrate threats or controlling behaviour
• Financial records showing restricted access to accounts or income

The court looks at how the abuse happened, how it affected your ability to work or manage money, and how it shaped your overall contributions to the relationship.

Importantly, if children were affected or exposed to the abuse, the court gives that significant weight in its decision-making process.

A Fairer Path Forward

The recent reforms in Australian family law represent real progress for victims of family violence. The system now acknowledges that not all harm is visible — and that emotional and financial abuse can leave lasting scars that affect a person’s future.

By connecting family violence and property settlement, the law aims to deliver outcomes that reflect the reality of what victims have endured.

If you’ve experienced family or economic abuse and are now facing property division, know that you have rights. You don’t have to navigate the process alone.

Reaching out to Justice Family Lawyers or a compassionate domestic violence lawyer in Brisbane can make all the difference. These professionals can guide you through the legal process, help you gather evidence, and ensure your voice is heard where it matters most — in court.

Final Thoughts

Family violence doesn’t just leave emotional wounds; it often creates deep financial and practical challenges that last long after the relationship ends. Thankfully, the law now recognizes this and provides pathways for fairer outcomes.

Understanding your rights — and working with experienced legal professionals — can help you regain control of your life, your finances, and your future.

You deserve safety. You deserve fairness. And most importantly, you deserve justice.