Going through a divorce is never easy, but when domestic violence is involved, the process can become significantly more complex, both legally and emotionally. So, how does domestic violence affect divorce in Australia?

Australian family law takes domestic and family violence very seriously. It can influence court decisions about parenting, property settlements and spousal maintenance. 

If you’re experiencing or have experienced abuse, it’s critical to understand your legal rights and how to navigate the divorce process safely and effectively. This guide outlines how domestic violence impacts divorce and how Johnsons Law Group can help protect you and your future.

Quick Overview: How Domestic Violence Affects Divorce

Domestic violence can impact many aspects of divorce, including:

• Parenting arrangements and custody decisions
• Property settlements and financial orders
• Applications for protection or restraining orders
• The ability to negotiate safely and fairly

The court prioritises the safety of all parties, especially children, when determining outcomes.

What Is Considered Domestic Violence Under Australian Law?

Domestic or family violence is not limited to physical abuse. It can also include:

• Emotional or psychological abuse
• Financial control or coercion
• Verbal abuse and threats
• Stalking or intimidation
• Social isolation
• Sexual abuse

The Family Law Act 1975 recognises that such behaviours, especially in front of children, can seriously impact their wellbeing and development.

Impact on Parenting Arrangements and Child Custody

Parenting arrangements are heavily influenced by domestic violence. The Family Court’s primary concern is the best interests of the child, including:

• Protecting the child from physical or psychological harm
• Ensuring the child has a meaningful relationship with both parents if safe to do so

If one parent has a history of family violence, the court may:

• Order supervised visits
• Restrict communication or contact
• Limit or deny shared parental responsibility
• Grant sole parental responsibility to the non-abusive parent

In extreme cases, the abusive parent may be denied contact altogether.

How Domestic Violence Affects Property Settlements

While divorce in Australia is a no-fault system (meaning you don’t need to prove wrongdoing to get a divorce), domestic violence can still influence the outcome of a property settlement.

Courts consider whether one party’s conduct during the relationship:

• Contributed to financial disadvantage or hardship
• Created ongoing emotional or physical harm impacting the other party’s earning capacity

This is known as the Kennon principle and may lead the affected party to receive a greater share of the property pool.

Protection Orders and Their Role in Divorce

Victims of family violence may apply for:

• Apprehended Domestic Violence Orders (ADVOs) or similar protection orders
• Exclusion orders to have the abusive partner removed from the home

Protection orders are separate from family court orders but can influence parenting and divorce proceedings. Breaches are taken seriously and can lead to criminal penalties.

Johnsons Law Group can help you apply for protection orders while also guiding you through the family law process.

Spousal Maintenance and Family Violence

If a person has experienced family violence that affected their ability to work or become financially independent, this may support a claim for spousal maintenance.

The court may award ongoing financial support if:

• The victim cannot support themselves adequately
• The other party has the financial capacity to pay

Evidence of abuse, mental health issues or other trauma-related impacts can support such claims.

Gathering Evidence of Family Violence

To support your case, it’s important to collect as much relevant documentation as possible. This may include:

• Police reports or ADVOs
• Medical records or hospital visits
• Text messages, emails or recordings of abusive behaviour
• Witness statements from friends, neighbours or colleagues

Your lawyer can help present this evidence clearly and sensitively to the court.

Your Safety Is the Priority

If you’re in immediate danger, contact 000. For ongoing support, services like 1800RESPECT and local women’s shelters can provide emergency accommodation and counselling.

When family violence is involved, divorce proceedings may require additional protections, such as:

• Attending court remotely
• Confidential addresses
• Support workers or legal advocates in court

Johnsons Law Group ensures your safety is prioritised throughout the legal process.

Frequently Asked Questions – Divorce and Domestic Violence

Does domestic violence speed up the divorce process?

While divorce itself is based on a 12-month separation, courts may prioritise urgent parenting or safety-related matters sooner.

Can my ex get custody if they were abusive?

The court may restrict or deny custody if there’s evidence of abuse, particularly where it affects the child.

Do I need to attend mediation with an abusive partner?

Not always. If there is a history or risk of violence, you may be exempt from Family Dispute Resolution.

Will the court believe me without a police report?

While a police report helps, the court may consider other forms of evidence and testimony.

Can I stay in the home if I have an ADVO?

Yes, the court can issue an exclusion order preventing the abusive party from returning to the home.

Protect Yourself During Divorce With Johnsons Law Group

At Johnsons Law Group, we understand how sensitive and complex divorce can be when domestic violence is involved. Our family law team can help clients:

• Apply for urgent protection and parenting orders
• Secure safe parenting and living arrangements
• Navigate property settlements involving abuse-related hardship
• Deal with court matters in a confidential and supportive way

We approach every case with care, discretion, and a commitment to your safety and future. If you’re considering divorce and family violence is a factor, we’re here to provide compassionate legal support and help you protect your rights and your wellbeing.

Call Johnsons Law Group on 02 9600 727 or visit our Contact Us page to arrange a confidential consultation. Your safety and wellbeing come first. Let us help you move forward with strength and support.