Family violence, including economic abuse, can add considerable complexity to family law matters. If you’re pursuing a domestic violence order (DVO) during a property settlement, it’s important to understand the processes involved to support your safety and manage your entitlements. Here’s an overview of how economic abuse and family violence intersect with property issues in family law.
Key takeaways
The Family Law Act more clearly recognises economic abuse in the definition of domestic violence.
A 2024 amendment to the Family Law Act clarified the role of domestic violence in property matters.
DVOs and property orders are handled through different processes.
There are important factors to consider before seeking a DVO during a property settlement.
Economic abuse in domestic violence factors
Economic or financial abuse involves one party using money or other economic resources to control or harm another. It is recognised legally as a form of intimate partner violence. It can take different forms, such as:
Controlling access to a victim’s own money or shared finances.
Withholding financial support, such as child support payments.
Restricting a victim’s access to employment.
Affecting a person’s ability to get a loan.
Deliberately damaging a victim’s economic security and credit rating by accumulating too much debt.
Domestic violence and the 2024 amendments to the Family Law Act
A 2024 amendment to the Family Law Act 1975 made important changes to property matters, especially in how the Court considers the impact of domestic abuse. Here are some of the critical amendments:
Existing examples of financial abuse are now a separate provision.
Expanding an existing example of unreasonably denying financial autonomy.
Including new examples of dowry abuse.
Family violence has also been included in the list of factors the Court considers when assessing each party’s contributions to the asset pool. The FCFCOA may consider if family violence affected a party’s ability to contribute. The Court can also look at what effect family violence matters had on a person’s current and future circumstances.
One situation with two different courts
Domestic violence is a deeply important issue that has implications in family law. However, it is crucial to recognise that it’s governed through separate legislation and a different court system. This can be confusing for some clients. Here are some important differences to keep in mind regarding both issues.
DVO | Property order | |
Relevant court | Magistrates Court. | |
Relevant legislation | ||
Who can apply? |
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Deadline | There is no specific deadline. The Court sets a hearing date after the application is served on the respondent. |
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Typical evidence required |
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What we're actually seeing in these matters
We’ve worked for over a decade with clients experiencing economic abuse, emotional abuse, and other forms of family violence. It’s important to understand the practical realities of managing a property settlement and a DVO. Here are some points to consider:
Evidence supplied for a DVO can directly affect a property proceeding. An affidavit with your property order application can detail how domestic violence impacted your contributions to the relationship as well as your future circumstances.
Temporary protection orders and interim property orders can be crucial. It can take months to settle a property dispute. It’s important to work quickly to support your safety and financial security while the court proceedings are happening.
The Court often relies heavily on witnesses in DVO hearings. Having reliable and credible witnesses is critical.
You can’t assume that conditions set out in a DVO will directly impact a property division. For example, getting an ouster order to have your former partner removed from the marital home doesn’t impact their claim to the asset.
Economic abuse can continue during court proceedings through asset manipulation. Professionals such as a forensic accountant can play an important role in both DVO and property proceedings.
Conclusion
Many clients have to deal with economic abuse, coercive control, physical violence, or other abusive situations during a family law matter. A recent amendment to the Family Law Act refined the FCFCOA’s approach to domestic violence in a property proceeding, which can lead to significant adjustments. Domestic violence concerns can also require a parallel application for a DVO, which is handled separately. Understanding the complications this can introduce is crucial to an effective strategy.
Are you suffering economic and financial abuse?
The Shanahan Family Law team has supported clients working to navigate their economic safety for more than a decade. Contact us for a free discovery call.
There are social services available for domestic and family violence victims:
DVConnect mensline: 1800 600 636
DVConnect womensline: 1800 811 811
1800RESPECT: 1800 737 732
If you’re in immediate danger, contact the police on 000.
