Domestic Violence and Abuse in Marriage
The Definition of Family Violence Under the Family Law Ac
The Family Law Act has a broad and far-reaching definition of family violence. Section 4AB
states, '...violent, threatening or other behaviour of a person that coerces or controls a
member of the person’s family, or causes the family member to be fearful...'. Examples are
specifically provided in the Act.
Impact of Domestic Violence on Parenting Orders
Not only will family/domestic violence impact the type of parenting orders a court will
make, but family violence during the relationship may also impact a Court’s decision in
respect to property settlement outcomes.
Impact of Domestic Violence on Property Settlement
In cases involving domestic violence there is authority for the Court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous
circumstances in which they were made. Accordingly, additional weight given to those
contributions is a factor taken into account by the Court in the overall property settlement.
Getting Help and Legal Advice
If you have recen tly separated from your partner and require advice contact us now for a
first free consultation, or just call our office on 95606811 for a chat to see how we can help
you.
