Domestic Violence – Relevant to both property and parenting Family Law proceedings and outcomes
The Family Law Act has a broad and far reaching definition or 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.
Not only will family / domestic violence impact of 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. 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.
If you have recently 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.