Picture this: you’ve been in a relationship with someone for 20 years. Their money is their money, but your money is also their money. You separate not knowing what assets you have accumulated during that time, if any. Perhaps there were a number of large transfers to his/her family members, hidden gambling accounts, or debts taken out in your name without your knowledge. Where to go from here?
Unfortunately, this is an all-too-common scenario for some of our clients. What they have experienced may in fact be a form of family violence.
On 10 June 2025, changes to the Family Law Act (“the Act”) came into effect, expanding on how and when the Court will consider the impact of family violence on the property settlement process.
The amendments ensure that economic or financial abuse is more clearly recognised as family violence, by providing examples of what may constitute it. Those examples include:
- unreasonably denying the financial autonomy of a family member, by:
- forcibly controlling their money or assets;
- sabotaging their employment or income;
- forcing them to take on a financial or legal liability; or
- forcibly (or without their knowledge), accumulating debt in their name;
- unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or their child;
- coercing a family member (including by use of threats, physical abuse or emotional or psychological abuse):
- to give or seek money, assets or other items as dowry; or
- to do or agree to things in connection with a practice of dowry;
- hiding or falsely denying things, such as the receipt of money, assets or other items, in connection with a practice of dowry.
For more information about dowry abuse, see Partner, Jodylee Bartal’s recent article here.
The Act now also requires the Court to specifically consider the impact of family violence (both historically and in relation to future circumstances) when determining how property is to be divided, and in applications for spousal maintenance.
Prior to these amendments, the Court could take into account family violence when determining property matters, although this was typically only when very serious violence had occurred. These amendments place a much larger emphasis on the impact of any family violence in all family law matters.
If any of these scenarios sound familiar, or if you are unsure of what type of behaviour might constitute economic or financial abuse, please reach out to us. We have a team of specialist family lawyers ready to help.
