Good morning Everyone
Understanding Family Violence Under the Family Law Act 1975
Many people associate family violence solely with physical assaults. However, the definition of family violence under the Family Law Act 1975 is much broader and includes a wide range of behaviours designed to control, coerce, intimidate or instil fear in another family member.
Section 4AB of the Family Law Act 1975 defines family violence as the:
“violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful.”
Recent legislative amendments which came into effect last year, have further strengthened the recognition of economic and financial abuse, including conduct such as controlling a partner’s finances, preventing employment, forcing debts upon a partner, or withholding financial support.
Historically, family violence was most commonly considered in parenting disputes. Property settlements, by contrast, focused primarily upon the financial and non-financial contributions of the parties and their future needs. In accordance with the cases and the amendments, the court has recognised that serious family violence may affect a person’s ability to contribute to the acquisition, conservation and improvement of family assets and to the welfare of the family both financial and non-financial.
The leading authority is the Full Court decision of Kennon v Kennon (1997). In that case, the Court held that where one party has engaged in a course of violent conduct which has had a significant adverse impact upon the other party’s contributions to the marriage, making those contributions substantially more difficult or “more arduous”, the Court may take that factor into account when determining property division. This principle has become known as a “Kennon claim”. To succeed in a Kennon claim, a party must establish with creditable evidence, that the victim’s contributions were made significantly more difficult as a result of the violence.
Unfortunately, I have had extensive experience advising clients affected by family violence and assisting them to pursue appropriate property settlement outcomes. I am able to assist in assessing whether family violence is likely to be a relevant factor and guide you through the process of gathering and presenting the necessary evidence.
If you or someone you know would like confidential advice regarding your family law matter, please contact our office to arrange an appointment.
Wishing you a wonderful day,
Jeffrey Choy
JCL Legal
0419 233 670
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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.