Home Family Law Property Can Violent Conduct Affect a Property Settlement?

Can Violent Conduct Affect a Property Settlement?

Michelle Makela

Can Violent Conduct Affect a Property Settlement?

Under the Family Law Act, property settlements are decided based on how much each party has contributed to the relationship, both in financial and non-financial terms. The conduct of partners during the course of a relationship is not generally a relevant factor. However, if there has been family violence during a relationship and this has had a major impact on the victim, property orders may be adjusted in consideration of this.

2025 changes

In June 2025, the definition of ‘family violence’ in the Family Law Act 1975 was amended to include:

economic and financial abuse;
preventing a family member from keeping their connections with family
unlawfully depriving a family member of their liberty.

These changes mean that courts may now make adjustments to financial matters on the basis of family violence that consists of economic abuse and coercive control, even in the absence of physical and other forms of violence.

This new definition of family violence is likely to significantly alter the application of the test in Kennon and Kennon, which has governed the treatment of family violence by family courts since the 1990s.

Kennon and Kennon

The 1997 Family Court of Australia decision of Kennon and Kennon considered whether domestic violence could alter the outcome of a property settlement. In that case, the court found that the financial consequences of family violence could be assessed when determining financial matters if the following three elements could be satisfied:

There was a course of violent conduct;
The violent conduct had a discernible impact on the victim;
The victim’s contributions to the relationship had been significantly more arduous because of the domestic violence.

The judge in Kennon made it clear that it was not sufficient for a party in this situation to make generalised allegations of violence. Rather, it was necessary for the victim to provide separate particulars for each instance of violence alleged. If the violent conduct could be proved and a causal relationship could be established between the violence and the victim’s difficulty in making contributions to the relationship, an adjustment could be made.

The financial consequences of domestic violence are to be assessed based on the victim’s physical and mental health, their financial circumstances and their capacity to obtain meaningful employment. An adjustment will only be made where the court considers there would be significant financial consequences for not making an adjustment and where there is significant evidence of domestic violence.

The legislation

Section 75 of the Family Law Act sets out the matters that courts can take into account in deciding when to award spousal maintenance. The relevant factors under this provision are the age and health of the parties, the income and financial resources of parties, the responsibilities parties have for supporting children or others and whether parties have a reasonable standard of living. Spousal maintenance is awarded when one partner in unable to adequately support themselves after separation and where there is inequality in financial means.

Section 79 of the Family Law Act provides that a court can make any order it considers appropriate when deciding a property settlement. This section means that property matters are decided in a discretionary manner. Many factors that courts can consider when making property orders are not spelled out in the legislation. Accordingly, the impact of domestic violence on a property settlement is not set out in the act.

What are the consequences for victims of violent conduct?

The consequences of the Kennon decision are that a party to a property settlement can seek an adjustment based on the argument that his or her contribution to the relationship was made ‘more arduous’ by violent conduct by the other partner.

A party cannot receive an adjustment purely because they were the victim of serious domestic violence. There must be evidence that the violence significantly impacted their ability to contribute to the relationship, making their contribution more arduous.

If a person was the victim of economic or financial abuse, this may have seriously impacted their ability to make financial contributions to the relationship – for example, because their partner prevented them from working, or had sole control of the finances.

Kennon after 2025

The Kennon decision was handed down over twenty years ago and has had little effect on property divisions ordered by the family courts. However, with the 2025 expansion of the definition of family violence in the Family Law Act, the Kennon test is likely to have a different application and scope and to be applied more consistently in the future.

Previously, the Kennon decision was criticised for relying on a narrow and limited definition of family violence and for failing to take into account the complexities of abusive relationships. The 2025 changes aim to bring the family law system’s treatment of family violence into accord with international developments, and to contribute to a fairer and more equitable system.

If you require legal assistance please contact Go To Court Lawyers.

Michelle Makela

Legal Practice Director

Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.

Home Family Law Property Can Violent Conduct Affect a Property Settlement?

Michelle Makela

Legal Practice Director

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Michelle Makela

Can Violent Conduct Affect a Property Settlement?

2025 changes

Kennon and Kennon

The legislation

What are the consequences for victims of violent conduct?

Kennon after 2025

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