BALANCING JUSTICE:
Family Violence and Financial Outcomes
Changes made to the Family Law Act in June of this year now require Courts when dividing assets between the parties to take into account any family violence. This is a very significant change to the legislation.
Previously, the Family Law Act did not allow for such considerations in property matters. The then Family Court attempted to redress this in the case of Kennon and subsequent cases. In Kennon’s case the Court recognised a consistent course of violent conduct by one party towards the other could have a significantly adverse impact upon that party’s contributions to the marriage. In other words violence perpetrated on a party to a de facto relationship or marriage could make the contributions of that party more arduous than they ought to have been.
However, decisions in the Court have been inconsistent in this regard and a monetary loading in any property case involving a Kennon argument was very difficult to achieve and often resulted in a minimal outcome when achieved.
The changes to the Act now require the Court in all cases to first give consideration to such factors. The changes also require a Court to consider any future financial impact of such conduct on the victim.
There are no cases yet that have considered the new provisions but they are likely to have a significant impact on property matters where there has been proven family violence.
However, to ensure that such considerations are properly considered parties need to provide evidence of the family violence and to demonstrate the nexus between that violence and the impact it had on that party’s ability to make contributions and also any impact on the future needs of that party.
Freeman Family Law has a great deal of experience in all financial matters involving division of assets. We have the expertise to advise in relation to whether family violence may be relevant to any property distribution in your case and how that can be established and presented to the Court in a clear and convincing fashion.
Speak to one of our team today.
This article was written by Graeme Freeman, Accredited Family Law Specialist and copyright is claimed.
Freeman Family Law
e: graeme@freemanfamilylaw.com.au
w:www.freemanfamilylaw.com.au
t: 03 9326 4433
