The answer is that proof of family violence could be relevant to a property settlement in this way:
In family law property settlements, the court decides how property is divided on the basis of financial and non-financial contributions made to the existing property.
The conduct of parties during the course of the relationship is generally not a relevant factor. This is part of the ‘no fault’ requirement of divorce introduced by the Family law Act in 1975.
However, in 1997, the family court held that where family violence had occurred in a relationship, in an exceptional circumstance, the court could make an adjustment against the offending party where there is a course of violent conduct by one party toward the other which is demonstrated to have had a significant adverse impact on that parties’ contributions to the marriage, or put another way, to have made his or her contributions significantly more arduous than they ought to have been.
This principle applies for family violence which occurs in the context of a marriage which is on foot, but also in the post separation period of a marriage.
It is not a requirement that the violence must be serious, but the requirement is exceptional because it requires proof that the violence made the contribution significantly more arduous.
The Courts have made a number of these types of adjustments in trials. If you need advice from a Melbourne family law property settlement lawyer, please contact Rowan Skinner and Associates Lawyers for a no-obligation discussion.
Understanding the legal costs involved in family disputes can be daunting. For more clarity on the costs of hiring a family lawyer, read our blog post on ‘How much does a family lawyer cost?’. It provides a detailed understanding of what you can expect to pay and why.”
Also, if you would like to understand more about what happens to debt in family law settlements make sure to check our latest blog.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
