Family Violence and Property Settlements
Under Australian family law, family violence and property settlements are now closely linked. If you have experienced abuse in your relationship, the court can consider both the emotional and financial impact of that behaviour when deciding how to divide your assets.
This applies whether you were married or in a de facto relationship, and whether you live in South Brisbane, Logan, Redlands, or nearby suburbs. The outcome of your property settlement can be adjusted in your favour if the court finds that family violence affected your contributions or your future financial position.
Key takeaway: Family violence is no longer treated as background noise in property disputes. It can directly influence how your property is divided after separation.
What Does “Family Violence” Mean in Property Matters?
In family law, family violence is much broader than physical assault. It can include a range of controlling or abusive behaviours, such as:
- Physical or sexual assault
- Coercive control, threats, and intimidation
- Verbal or emotional abuse
- Financial abuse, such as limiting your access to money or building debt in your name
- Stalking, tracking your movements, or monitoring your phone and online activity
- Isolating you from friends, family, or support networks
If any of these behaviours occurred during your relationship, they may be relevant not only to parenting arrangements but also to how your property settlement is worked out.
Key takeaway: Family violence covers a wide range of abusive and controlling behaviours, and each of these can be taken into account when working out your property division.
How Property Settlements Usually Work
When couples in South Brisbane separate, property settlements are normally approached using a structured framework. In general, the family law courts will:
- Identify the property pool: All assets and liabilities are listed, regardless of whose name they are in. This can include real estate, bank accounts, superannuation, cars, shares, businesses, and debts.
- Assess contributions: The court looks at what each of you contributed, including:
- Financial contributions (income, savings, assets brought into the relationship)
- Non-financial contributions (homemaking, caring for children, unpaid work in a family business, managing renovations, etc.)
- Consider future needs: The court then weighs up factors such as age, health, earning capacity, care of children, and the overall impact of the relationship and separation on each person.
- Check that the outcome is just and equitable: Finally, the court steps back and asks whether the proposed division is fair in all the circumstances.
Family violence can be relevant at several stages of this process, particularly when assessing contributions and future needs.
Key takeaway: Property settlements look at what you own, what each of you contributed, and what you will reasonably need going forward. Family violence can influence each of these steps.
Need a Lawyer?
Considering the Economic Impact of Family Violence
Recent changes to the Family Law Act mean that, from June 2025, the economic impact of family violence must be considered where relevant in property settlements, whether your matter is in court or being negotiated through lawyers or mediation.
This can include situations where:
- You were prevented from working or progressing your career
- Your former partner controlled the finances, leaving you with limited savings or superannuation
- You now face ongoing medical, counselling, or relocation costs because of the abuse
- Debts were taken out in your name without your informed consent
These factors can affect both how your past contributions are viewed and what your future financial needs look like compared with your former partner.
Key takeaway: The law specifically recognises that family violence can damage your earning capacity, savings, and long-term financial security, and this can shift the outcome of your property settlement.
What Evidence Can Help Show the Impact of Family Violence?
If family violence is relevant to your property settlement, evidence is important. Depending on your circumstances in South Brisbane, this might include:
- Domestic violence orders (DVOs), police reports, or safety plans
- Medical, psychological, or counselling records showing the impact on your health or ability to work
- Text messages, emails, call logs, or social media messages showing threats, control, or abuse
- Bank statements or financial records that show restricted access to money, unusual transactions, or debt in your name
- Statements from friends, family members, neighbours, or colleagues who witnessed the behaviour or its effects
You do not have to have reported the violence to police at the time for it to matter, but having documentation can make your position stronger in negotiations or in court.
Key takeaway: The clearer the picture you can provide of what happened and how it affected your life and finances, the easier it is for a court or your ex-partner to understand why an adjustment is fair.
Family Violence, Safety, and Negotiating a Settlement
Not all property matters end up in a contested hearing. Many people in South Brisbane resolve their settlements through negotiation, mediation, or lawyer-assisted processes. If you have experienced family violence, there are still safe ways to resolve your matter, such as:
- Shuttle mediation, where you and your former partner are kept separate or attend online to avoid direct contact
- Allowing your lawyers to negotiate on your behalf so you do not need to communicate directly with the other party.
- Requesting safety measures at court or mediation, such as separate waiting rooms, security escorts, or staggered arrival and departure times
Once an agreement is reached, it can be made legally binding through consent orders or a binding financial agreement, which gives you long-term certainty and protection.
