Recent changes to the Family Law Act mean that family violence is now more clearly recognised when resolving property settlements after a relationship breakdown, for couples who have been married
From 10 June 2025, the Family Law Amendment Act 2024 (Cth) introduced important changes as to how courts assess the financial and property consequences of family violence.
In Western Australia, de facto relationships are governed by the Family Court Act, which is a State act, and the State hasn’t yet adopted these changes, but we are hopeful that this will happen this year.
What has changed?
The amendments to the Family Law Act 1975 (Cth) expressly recognise the economic impact of family violence and require courts to consider family violence when determining property and financial matters following separation for married parties.
How family violence was treated previously
Historically, family violence was only taken into account in limited circumstances, such as where:
- The violence caused physical injury or illness affecting earning capacity, or
- It could be shown that the violence had a direct and measurable financial impact.
Over time, court decisions expanded this approach. In particular:
- Courts recognised that long-term violence can make a victim’s contributions to a relationship significantly more arduous
- This could justify an adjustment in their favour during property settlements
Typically, however, this was difficult to prove, and adjustments were small.
The property settlement process
When determining a property settlement, the court generally:
- Identifies the asset pool
- Assesses the financial and non-financial contributions of each party
- Considers future needs (such as health, income and care of children)
- Determines whether the overall outcome is just and equitable
What the new law now allows
The recent amendments formally codify the consideration of family violence in this process.
Courts may now take family violence into account when:
- Assessing each party’s contributions, and/or
- Considering current and future needs
This reflects a growing recognition that family violence can significantly affect a person’s ability to contribute to a relationship and their financial position after separation.
What this means for affected parties
If family violence has been a factor in your relationship, it is important to seek legal advice early to ensure:
- All relevant aspects of the violence are properly raised
- Evidence of its impact is clearly documented
- Affidavits and supporting material address how the violence affected contributions and future needs
Medical and mental health professionals may also provide evidence where family violence has had a significant physical or psychological impact.
Our approach
These changes are intended to provide greater clarity, fairness and protection for people affected by family violence during property settlements.
If you would like advice about how these amendments may affect your circumstances, our family law team is available to assist.
Contact us to discuss your situation confidentially and understand your options, click here to get started online https://lynnandbrown.settify.com.au or contact us by calling 08 9375 3411.
About the Author: This article has been authored by Kirsty D’Arcy and Jacqueline Brown
