Family Violence’s Impact on Property Proceedings

If you or someone you know is in immediate danger, please call 000.

Family and domestic violence impacts many families. Every adult and child deserves to be safe.

If you are concerned about your or your children’s safety, and you feel you are in immediate danger, please get in touch with 000. 

You should also reach out to a counseling and support service to help you get the right support. There are so many support services available for you to turn to.

In family law property matters, depending on the extent, evidence and weight of the family violence alleged, it may potentially have an impact on the court’s decision regarding the division of property and your financial settlement. 

The party who suffered from domestic violence during the relationship may argue that their contributions should be considered more strenuous due to the violence they experienced.

In the leading case of Kennon v Kennon [1997] Fam CA27, the court considered the impact of violence on property settlements. 

The court narrowly concluded that an adjustment could be made to the victim of violence if it could be satisfied that a course of violent conduct could be established, the violent conduct had a discernible impact on the victim, and the victim’s contributions to the relationship had been significantly more difficult as a result of the violence. 

If you are impacted by family violence or have questions/concerns about how violence could impact your family law property settlement, our family law solicitor at Tajik Lawyers is here to help.

Please get in touch with us on 1300 579 085 for more information.

If your matter is urgent, please let one of the staff know, and they will try and organise an appointment with a Solicitor without delay. Out-of-hours/urgent appointments are also available.