Introduction

The recognition of the vitriol of family violence (including but not limited to physical violence, verbal abuse, psychological ill-treatments, financial control, neglect etc) has gained worldwide momentum in recent decades. The Australian Family Law regime is no exception. The regime is meaningfully adorned with countermeasures against allegations of family violence in a bid to identify, minimise, rectify and prevent family violence from occurring. This article specifically sets out instances where family violence interacts with the Family Law regime, and how you could navigate through the regime in such situations.

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Family violence in parenting proceedings

Family violence in property proceedings

As discussed in a separate article, property settlement in Australia is a contribution-based regime, not a fault-based system. Hence, the prima facie existence of family violence, even if proven at trial, does not equate to a larger share of property re-distribution. However, family violence may indirectly result in some bases for certain claims to be made.

总结

It could be seen that family violence has a nuanced role in the Australian Family Law regime, and it is important to speak to an experienced legal practitioner when navigating through such allegations.

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子女和监护权

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离婚和分居

家庭法

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