If you’ve experienced serious domestic violence in your relationship, it could significantly affect the outcome of a property settlement. Under Australian family law, the division of property considers various contributions made by each party during the relationship. This includes financial contributions, non-financial contributions, and contributions to the family’s welfare.

The Legal Precedent: Kennon v Kennon

The case of Kennon v Kennon set an important precedent regarding the impact of domestic violence on property settlements. According to this case, for domestic violence to influence a property settlement, three key elements must typically be established:

1. Established Violent Conduct: There must be evidence of a course of violent conduct by one party towards the other during the relationship.
2. Impact on Contributions: The violence must have had a discernible adverse impact on the victim’s ability to contribute to the relationship. This can include both financial and non-financial contributions.
3. Significant Difficulty: The victim’s contributions to the relationship must have been made significantly more arduous as a result of the violent conduct.

The court in Kennon v Kennon emphasized that these principles apply to exceptional cases where the impact of domestic violence on contributions is clear and significant.

Varied Outcomes

It’s important to note that while Kennon v Kennon provides a framework, not every case involving domestic violence will result in a property settlement adjustment. Each case is unique and decided based on its individual merits and the evidence presented.

Legal Guidance and Support

If you’re facing issues related to domestic violence and property settlements, our dedicated team at Connolly Suthers Lawyers is here to help. Contact our Family Law team today at (07) 4771 5664 or visit our Family Law page to discuss your situation confidentially.

Domestic violence can indeed impact property settlements under specific circumstances, as highlighted by the legal precedent set in Kennon v Kennon. For personalized legal advice tailored to your situation, reach out to our experienced team at RMO Law today.