How Domestic Violence Is Dealt With in Family Court
How domestic violence is dealt with in the family court remains a pressing concern, given the unfortunate prevalence of family violence in Australia.
The Australian Bureau of Statistics (ABS) reports that as of 2021-22, 1 in 6 women and 1 in 18 men have experienced physical and/or sexual violence by a current or former cohabiting partner since the age of 15. Additionally, 1 in 4 women and 1 in 7 men have been subjected to emotional abuse by a cohabiting partner, and 1 in 5 women and 1 in 16 men have experienced sexual violence since the age of 15.
To say that this finding is alarming is an understatement. This form of violence is the leading contributor to illness, disability, and premature death for women aged 18-44.
So, how is this ‘epidemic’ dealt with in family law proceedings?
What is Family Violence & Domestic Violence?
Family violence takes many forms, including physical, sexual, psychological, and emotional abuse. Examples include (but are not limited to):
- Assault
- Sexual assault
- Stalking
- Repeated verbal abuse or derogatory taunts
- Damaging property
- Causing injury to pets
- Financial control, including withholding support or restricting autonomy
- Preventing access to family, friends, or cultural connections
- Coercive control or unlawful deprivation of liberty
As of 10 June 2025, the Family Law Act formally recognises economic and financial abuse as a form of family violence. The Court is now required to consider this when determining parenting and property matters.
Domestic Violence & Divorce
Australia operates under a ‘no fault’ divorce system. This means the Family Court does not consider who is to blame for the breakdown of the marriage.
Accordingly, domestic violence does not affect the ability to obtain a divorce, nor is it a factor in the divorce application process. You must be separated for 12 months to apply for divorce.
However, the 2025 reforms have reinforced the importance of safety during separation, and sole divorce applicants are no longer required to attend Court, even where there are children, unless the other party objects.
Domestic Violence & Property Settlement
The Family Court takes into account both parties’ contributions and financial positions when determining property settlements. This includes:
- Financial and non-financial contributions
- Contributions to the welfare of the family
Under the updated legislation, the Court must also consider whether family violence, including coercive or economic control, affected a party’s ability to contribute. This is no longer an “exceptional” factor.
The Kennon Adjustment
The principle established in The Marriage of Kennon remains relevant.
In that case, a wife was awarded a greater share of the property because her contributions during the relationship were made more difficult by a pattern of domestic violence.
To receive a Kennon adjustment, it must be shown that:
- There was a sustained course of violence.
- It occurred during the relationship.
- It made the party’s contributions significantly more difficult.
As of June 2025, the Family Law Act strengthens this position by explicitly requiring the Court to adjust settlements where violence materially impacted one party’s ability to contribute or recover financially post-separation.
Domestic Violence & Parenting Cases
The Family Court’s primary concern in parenting matters is the best interests of the child. This includes:
- The benefit of a child having a meaningful relationship with both parents.
- The need to protect the child from harm.
Post-reform, the child’s safety from physical and psychological harm is given greater weight and overrides all other considerations.
Disclosure Requirements
When applying for parenting orders, parties must disclose any:
- Allegations of child abuse
- Existing or prior family violence intervention orders
This is done via a Notice of Child Abuse, Family Violence or Risk filed with the Court.
Once filed, the Court must take immediate action, including:
- Considering interim safety orders
- Gathering evidence efficiently
- Ensuring that proceedings do not re-traumatise the affected party or child.
A less adversarial model is now promoted in parenting cases involving family violence, including fast-tracked hearings and early risk screening.
Shared Parental Responsibility
There is no longer a presumption of equal shared parental responsibility where there are reasonable grounds to believe that a parent or associated person has committed family violence or abuse.
This applies even where the violence is not physical — for example, where coercion or economic control has affected parenting.
Final Word
As of 10 June 2025, the Family Law Act takes a clearer, more consistent approach to family violence across parenting and financial matters.
The Courts are required to consider:
- The impact of violence on a party’s ability to contribute
- The need for long-term financial security and safety
- The immediate protection of children and survivors
If you are experiencing or have experienced domestic or family violence, confidential help is available:
We also offer a free 30-minute consultation to discuss your legal options in a safe and supportive setting.
Contact Us
For more information about how domestic violence is dealt with in Family Court, contact us at Bambrick Legal today.
- Fill in our enquiry form here
- Call us on 08 8362 5269
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You can also read more about our family law services here.
Related Blog – What Are the Punishments for Domestic Violence in Australia?
