The Australian Government considers that all forms of family violence are unacceptable, and the Government is committed to addressing the economic consequences of family violence for separated families in Australia.
Family violence is a prominent issue in the community, with vulnerable groups, including women and First Nations women, being significantly affected. While family violence is perpetrated by and against both men and women, overwhelmingly, victim-survivors of family violence are women and women with their dependent children; they are overwhelmingly burdened with the economic consequences of family violence. Research demonstrates that one in three women in Australia have experienced violence since the age of 15 years.[1] Further, women are most likely to experience physical and sexual violence in the home at the hands of a current male partner or ex-partner. Rates of violence are higher for Aboriginal and Torres Strait Islander women and women with a disability.
Family violence often does not end when a relationship ends. There is a heightened risk that perpetrators of violence will increase or escalate unacceptable/abusive behaviours against victim-survivors during and after separation. In the 2022-23 financial year, 83% of initiating applications filed in the Federal Circuit and Family Court of Australia (“FCFCOA”) for parenting and/or property-related orders contained allegations of family violence in the mandatory ‘Notice of Risk’ form. Further research identified that those affected by family violence may struggle to achieve a fair division of property under the Family Law Act 1975 (Cth) and may suffer long-term financial disadvantage.[2] Family violence may also act as a barrier to prevent women from seeking access to justice, as many victim-survivors report they do not pursue financial settlements after separation due to fear of ongoing violence, which causes further financial loss.
The Family Law Amendment Bill 2024 (the “Bill”) seeks to amend Parts VIII and VIIIAB of the Family Law Act 1975 (Cth) to signal that the FCFCOA will consider the economic effects of family violence in property and spousal maintenance proceedings. These amendments send a strong message to the community that property settlement outcomes should recognise the impact of family violence on individuals and (if relevant) on the wealth and welfare of the family. The Bill also clarifies to the FCFCOA and parties negotiating outside of court that the economic consequences of family violence can be considered when resolving the financial and property aspects of a relationship breakdown.
Exposure to and experience of family violence also poses significant risks to children. The 2023 Australian Child Maltreatment Study found that, of young people aged 16–24 years, 44% had been exposed to domestic violence. This can have profound and detrimental impacts on a child’s behavioural, emotional, social, developmental and educational wellbeing. In addition to a child being exposed directly to trauma and risks to their physical and psychological safety, family violence can have a significant impact on a child’s life through indirect outcomes of the violence. These impacts can include financial insecurity and housing instability, with family violence in Australia being the most common cause of homelessness among women and their children.[3]
To understand how you can be legally protected from the poor behaviour of another, please read our article on Intervention Orders here. Do not hesitate to protect yourself and your loved ones. Your safety is our primary concern—please call the police on ‘000’ if you have any immediate concerns for your well-being and/or that of others. Lastly, victim-survivors of family violence can access Paid Domestic and Family Violence Leave. To learn more, please read our article here.
The information on this website is general only. It is not legal advice, nor is it intended to be. You should consult a lawyer for individual advice about your particular circumstances.
Liability is limited by a scheme approved under Professional Standards Legislation.
Click here to go back to Publications.
[1] Australian Bureau of Statistics, 2021-2022 Personal Safety Survey.
[2] See Australian Law Reform Commission, ‘Family Law for the Future: An Inquiry into the Family Law System,’ ALRC Report 135 [pg. 214].
[3] The National Council to Reduce Violence against Women and their Children, ‘Background Paper to Time for Action: The National Council’s Plan for Australia to Reduce Violence against Women and their Children,’ 2009-2021 (March 2009) 44 <https://www.dss.gov.au/women-programs-services-reducing-violence-national-plan-to-reduce-violence-against-women-and-their-children/background-paper-to-time-for-action-the-national-councils-plan-for-australia-to-reduce-violence-against-women-and-their-children-2009-2021>.
