Updated 27 October 2026
CM Law’s Ultimate 50 Things You Need to Know About Property Settlement During Divorce #20: How do domestic violence claims impact property settlements?
CM Lawyers property settlement guide
How family violence affects a property settlement
Family violence can affect a property settlement where it has relevant effects on contributions or a person’s current and future circumstances. It can also change how negotiations and court proceedings need to be conducted safely. There is no automatic percentage increase because violence is alleged or established.
For separating couples in NSW, disputed family law property applications are ordinarily dealt with in the Federal Circuit and Family Court of Australia. Under the Family Law Act 1975, the outcome must be just and equitable. The Court assesses the property, debts, contributions and relevant circumstances rather than treating settlement as a punishment.
The changes that began on 10 June 2025
The 2025 property reforms expressly recognise the economic effects of family violence. They inform negotiated settlements as well as court decisions. The property framework applies to new proceedings and existing proceedings unless the final hearing had already commenced before 10 June 2025.
Existing final property orders do not automatically change. If you have already settled, obtain advice about the specific legal grounds required to challenge an agreement or order. The reforms themselves do not create a general right to reopen a completed settlement.
These reforms do not turn a property case into a compensation claim for the abuse itself. Separate advice may be needed about criminal proceedings, protection orders or victims support.
Recognising violence and financial control
Section 4AB covers violent, threatening or other behaviour that coerces or controls a family member, or causes fear. Family violence can include physical abuse, stalking, intimidation and economic or financial abuse. It can continue after separation.
Examples of financial abuse include forcibly controlling money, sabotaging employment, forcing someone to assume liabilities, accumulating debt in their name without their knowledge, or unreasonably withholding necessary financial support. Context matters: an ordinary disagreement about spending is not automatically family violence. Explain the conduct, the pattern of control and its effects to your lawyer.
Effects on contributions during the relationship
Section 79(4)(ca) expressly addresses the effect of violence on a party’s ability to make financial, non-financial and family-welfare contributions. This can involve interference with paid work, participation in a family business, homemaking or parenting. Continuing to contribute despite violence does not mean its effects should be ignored.
For example, preventing a partner from working may restrict income and savings, while intimidation may make caring for children more difficult. These are illustrations of issues to investigate, not assumed facts in every case. Your lawyer should connect the evidence to the particular contributions affected.
Effects on current and future circumstances
The Attorney-General’s guidance explains that the reforms allow consideration of the economic consequences of violence for current and future circumstances. Relevant issues may include reduced earning capacity, ongoing treatment costs, disrupted employment and the need to house children appropriately. Section 79(5)(a) expressly addresses violence’s effects at this stage.
Comparable provisions apply to eligible de facto property proceedings under section 90SM. Violence does not guarantee that someone will retain the home or receive a particular share. The Court must consider the whole financial position, including debts, available resources and the circumstances of both parties.
Prepare evidence safely and explain its relevance
Tell your lawyer what happened even if you never reported it to police. A police report or criminal conviction is not a prerequisite to raising family violence in a property case. Your own evidence matters, and supporting material may help establish disputed facts and their consequences.
If safe, prepare a chronology identifying incidents or patterns, approximate dates, witnesses and financial effects. Useful records may include messages, bank statements, employment records, medical information and existing protection orders. Identify uncertainty honestly and preserve original records. Do not put yourself at risk or access someone else’s accounts unlawfully to collect evidence.
Seek treatment for your wellbeing, not simply to create evidence. Before releasing counselling or health records, ask about confidentiality and the Court’s protected-confidences procedures. Some sensitive material can be protected from disclosure where the legal requirements are met; protection is not automatic.
A real case about explaining the outcome
In Pantoja & Pantoja [2025] FedCFamC1A 104, the Full Court rejected challenges to findings that the husband’s family violence had made the wife’s contributions more difficult. However, it allowed his appeal because the reasons did not adequately explain the eventual property division, including the prospective effects attributed to violence. The proceedings were sent back for rehearing before another judge.
The appeal was decided on 18 June 2025 but concerned orders under the earlier legal framework. The practical lesson is that findings about violence and its effects need to support a clearly explained outcome. The decision does not establish a fixed percentage entitlement.
Keep protection orders and financial orders distinct
An NSW apprehended domestic violence order addresses protection from violence; it does not itself divide the family assets. A property settlement does not replace an ADVO or determine criminal guilt. Tell your lawyer about all existing orders so proposed arrangements do not create conflicts or unsafe contact.
Notify your lawyer and the Court early about safety concerns. The Court’s family violence guidance describes options such as remote attendance, support people and physical separation. Restrictions on personal cross-examination may also apply. Ask which arrangements need to be requested for your particular hearing.
Choose a safe way to negotiate
The usual requirement to attempt resolution before filing has exceptions. The Court’s pre-action guidance recognises exemptions where family violence is alleged or there is a risk of violence, as well as urgent cases. Your lawyer should explain and document the applicable exemption.
Do not assume you must negotiate directly or attend a joint mediation session. Where dispute resolution is suitable, lawyers and the mediator can consider separate rooms, remote participation and other safeguards. Property settlement mediation should proceed only where appropriate. Pressure to sign quickly is a reason to obtain independent advice, not to accept an unexplained proposal.
Address financial access and urgent needs
If your former partner controls the records or money, explain the problem promptly. Both parties owe financial disclosure obligations, including providing relevant information about income, assets, liabilities and financial resources. That duty continues during the dispute. Your lawyer can consider requests for missing documents and appropriate court processes. List what you can access and what is missing, rather than assuming an account balance or a disputed debt is correct.
If property may be sold or funds depleted, ask whether urgent orders are needed to preserve assets. If you cannot meet reasonable living expenses, ask about interim maintenance; eligibility and the other party’s capacity to pay matter. A final property settlement may take time, so immediate housing, mortgage payments and access to essential funds should be addressed early.
Check deadlines and formalise any agreement
Legal Aid NSW explains that property applications generally must be brought within 12 months after a divorce takes effect, or two years after a de facto relationship ends. Married couples can seek a property settlement before divorce. Obtain advice promptly if a deadline is approaching or has passed; exceptions should not be assumed.
Before agreeing, obtain disclosure and advice about values, debts, refinancing and implementation. A lawyer can advise whether consent orders or a binding financial agreement is appropriate. An informal promise may leave financial issues unresolved. Discuss the legal work required and likely costs without assuming litigation is inevitable.
Speak with Christine about your circumstances
Christine Manolakos and our property settlement team can help assess the relevant financial effects, evidence and available options. When you contact CM Lawyers, let us know a safe way and time to communicate. This guide should always be checked by a lawyer against your circumstances before you sign an agreement or take court action.
If you are in immediate danger, call 000. For domestic, family or sexual violence counselling and support, contact 1800RESPECT on 1800 737 732 or use its online services when safe to do so.
General information about NSW family law matters only. Obtain legal advice tailored to your circumstances and safety needs.
Key resources
Family Law Act 1975 — Sections 4AB, 79 and 90SM, and the applicable financial disclosure provisions.
Attorney-General’s property reform fact sheet and guidance for family law professionals — The June 2025 changes and transitional arrangements.
FCFCOA pre-action procedures and financial disclosure guidance — Exemptions, documents and ongoing obligations.
FCFCOA Family Violence Best Practice Principles and protected-confidences information — Participation safeguards and sensitive records.
Pantoja & Pantoja [2025] FedCFamC1A 104 — Particularly paragraphs 49–51 and 71–74. Read the reproduced judgment.
Legal Aid NSW property settlement guidance and 1800RESPECT — Legal information and specialist support.
