The general trend is that violence is taken into account only if there are financial consequences of the violent treatment. There was a test proposed to determine the impact of violence on assessment of contribution within the matter of Kennon, which suggested that violence is relevant in the assessment of contributions if there is a significant adverse impact upon either one of the parties. However, this test fails to take into account the effects of sporadic violence, does not include violence as a special consideration under s 75(2) of the Family Law Act 1975 (Cth), and has been highly scrutinised.
‘Negative contribution’ considerations could be taken into account, focussing on what the perpetrator actually did and discounting his or her portion of the property. However, this can sometimes be seen as a way to balance out significant contribution with violence and is not effective in achieving a just and equitable outcome.
Therefore, if the violence had such a profound impact on the victim that they were unable to financially contribute to the family or contribute non-financially to the welfare of the family, then violence becomes a factor.
How can Prime Lawyers help you?
At Prime Lawyers, we understand that domestic violence is a very sensitive issue. Our family lawyers will approach your matter with care and assist you to achieve the fairest and most just outcome possible, taking into account your inability to contribute further to the marriage.