What is dowry abuse?
Most commonly occurring in South Asia, the Middle East, Africa, and some parts of Europe, gifts such as money or property are exchanged between couples and/or their families upon marriage. This practice is known as a “dowry.” Unfortunately, forceful demands for additional or more valuable gifts are sometimes made of the victim or their family members. This is known as “dowry abuse.
As a multicultural nation, Australia is seeing a rise in dowry abuse, particularly affecting those on temporary visas who rely on their partner’s sponsorship to stay in the country.
Khadija’s story
Khadija was born and raised in Pakistan. She met her husband of seven years through an arranged marriage. He had migrated to Australia before meeting her and had become an Australian citizen. Upon their marriage, Khadija’s family gave her husband a cash dowry. After the wedding, Khadija moved to Australia on a partner visa and was excited to begin a new chapter of her life.
During their marriage, Khadija was the primary homemaker while her husband worked full-time. He constantly complained that, since he had given Khadija a better life in Australia, her family had not paid him enough dowry. Khadija did not have her own income to give to her husband, and she did not want to ask her family, as they were struggling financially in Pakistan. Her husband’s anger gradually escalated. He became physically abusive towards Khadija and threatened to divorce her if she or her family did not provide additional dowry.
Khadija was worried because she did not understand English well and had no family in Australia. Furthermore, she wanted to continue living in Australia, but did not wish to remain married.
Fortunately, Khadija was able to obtain permanent residency in Australia in circumstances where she had experienced and could evidence family violence. Khadija otherwise sought orders in the Federal Circuit and Family Court of Australia (FCFCOA), the effect of which was to sever their financial relationship. Khadija’s experience of dowry abuse was a relevant factor to the assessment of their respective entitlements to marital property.
Amendments to the Family Law Act 1975
Today, 10 June 2025, amendments made to the Family Law Act 1975 will become operative. The amendments recognise economic or financial abuse, including dowry abuse, as a form of family violence, which is a relevant consideration in property proceedings.
The amended legislation provides the following examples of behaviours which might be considered as dowry abuse:
- Coercing a family member, by using threats, physical abuse, emotional abuse or psychological abuse to:
- give or seek money, assets or other items as a dowry; or
- do or agree to things in connection with a practice of dowry.
- Hiding or falsely denying things done or agreed to by the family member. This may include hiding or falsely denying the receipt of money, assets or other items, in connection with a practice of dowry.
We can help
Schetzer Papaleo Family Lawyers can help you, a family member, or friend who may be experiencing dowry abuse or any other form of family violence.
