Family Violence and Financial Fairness:
Will the Law Catch Up?

 

As reports of family violence in Australia continue to surge, the legal system is under pressure to protect victims—not only from abuse but also from financial fallout when relationships end.

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One pressing challenge for the courts is how to address the financial disadvantage that family violence can create. Currently, there’s no legal requirement for judges to factor in family violence when dividing assets after a breakup. This gap persists despite a landmark ruling nearly 30 years ago.

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In the 1997 Kennon case, the court acknowledged that abuse could make it harder for victims to contribute—both financially and by other means such as home duties—during the relationship. As a result, the victim was entitled to a larger share of the property to prevent further disadvantage. Essentially, the ruling ensured that the usual asset-division principles were adjusted to reflect the impact of family violence on the victim's contributions.

 

However, despite the significance of Kennon, nearly 3 decades later the decision has still not been codified into law. Judges still have discretion, and victims cannot rely on a guaranteed adjustment.

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Now, renewed discussions are underway about amending the legislation to embed the principles from Kennon. Advocates argue that explicitly requiring courts to consider the effect of family violence would create more consistent and just outcomes for victims—a step toward financial fairness and protection.

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The question is: will the law finally catch up?