Based in Bendigo and Woodend from time to time we have had clients that have been subjected to family/domestic/ violence. In certain circumstances and if certain criteria are met, this may mean in the event of separation or divorce and there is a property settlement, that the person subjected to the domestic violence may be entitled to a larger settlement.
A family law property division requires consideration of a number of factors in order to determine a fair and equitable settlement.
Family violence was considered in a recent case Adair & Adair (2019) FamCAFC 70 (29 April 2019) and impacted upon the final decision. It was found in this case that the wife’s contributions would be given greater weight due to the fact they would have been more arduous as a result of the husbands violence. The first case to recognise family violence impacting upon a family law property matter was Kennon and Kennon (1997) FamCA 27. During this case it was established a number of factors must be present in order for a party to receive an adjustment in his or her favour. The factors include a violent course of conduct and proof of a significant adverse or discernible impact upon the party’s contributions to the marriage or having made those contributions significantly more arduous.
If you or someone you know is going through separation or divorce and they need the help of an understanding and caring lawyer call JS Law with offices in Bendigo and Woodend. If you or someone you know is experiencing domestic violence and you need assistance either simply understanding or getting an intervention order please call us for a confidential conversation.