How Does Family Violence Affect Property Settlement After the 2025 Changes?

Family violence can affect a property settlement where it harmed a party’s ability to contribute or their future needs, and since June 2025 that consideration is expressly in the legislation. There is no automatic uplift, so the effect must be proved.

This page explains the Kennon background and the codified position for proceedings instituted on or after 10 June 2025, including what s 79(4)(ca) and s 79(5)(a) require.

Kennon and the 2025 codification

In Kennon & Kennon (1997), the Full Court held that family violence can be relevant to property settlement where it had a significant adverse effect on a party’s contributions or made those contributions significantly more arduous. The principle was applied carefully and required evidence of that effect, not general assertions.

The Family Law Amendment Act 2024 (Cth) amended s 79 for proceedings instituted on or after 10 June 2025. New s 79(4)(ca) requires the court, in assessing contributions, to consider the effect of family violence by one party on the other party’s ability to make financial, non-financial and homemaker or parent contributions. New s 79(5)(a) requires the court to consider the effect of family violence on the other party’s current and future circumstances. The equivalent de facto provision is s 90SM(4)(ca).

Economic or financial abuse is expressly recognised as family violence in s 4AB of the Family Law Act 1975 (Cth). That definition matters where control of money, access to accounts or pressure around spending is part of the pattern relied on.

No automatic uplift and what evidence helps

Family violence does not create an automatic percentage uplift. The effect must be proved with evidence, and the court assesses contributions and future needs on the facts. The amended s 79 also sets out the steps the court follows when deciding property settlement, and family violence is considered within that framework rather than as a separate add-on.

Relevant evidence can include:

• Protection orders and related court documents
• Police and medical records that record incidents or injuries
• Counselling records and support service notes
• Messages and other communications showing the conduct and its timing
• Financial records showing control of income, accounts or spending, consistent with s 4AB
• Affidavit evidence that links the conduct to the claimed effect on contributions or needs

Example

A partner who ran the household while subjected to financial control, including restricted access to accounts and decisions about spending needing permission, seeks an adjustment. The affidavit describes the control, and the material includes messages about money, bank statements showing the restriction, a protection order and counselling records. The court considers that material under s 79(4)(ca) for contributions and under s 79(5)(a) for current and future circumstances, without applying any automatic percentage. The outcome depends on whether the evidence shows the claimed effect, and the court follows the steps in s 79.

See Also

• Domestic and family violence in Queensland: the complete guide
• The Kennon v Kennon case
• Economic abuse in family law
• Legal Matters Ep 24: trusts, family violence and property settlement

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.