Navigating the complexities of property settlements during divorce or separation is incredibly challenging, especially when family violence is at play. If you’ve experienced domestic violence, you may wonder how – if at all – it will be factored into your property settlement.
The case of Dajani helps to illustrate the position Courts now take when considering family violence in property settlements. Below, we explain this position and provide a brief overview of the Court process.
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The Facts of the Case
The Wife (62) and Husband (65) were married for 36 years with two adult children. The Husband was convicted of sexually assaulting their daughter in 2019 and sentenced to 17 years in prison.
The couple accumulated significant wealth, such that the net property pool totalled $8,975,208.
In 2020, the Wife issued proceedings for a property settlement. She sought a 60:40 split in her favour. She argued that her contributions were made more arduous because of the domestic violence perpetrated by the Husband against their daughter and herself.
While the Court considered each party’s contributions (financial and non-financial), the case primarily turned on the impact of family violence.
Family Violence – Kennon Claim
Traditionally, due to the no-fault principles underlying the Australian Family Law Act, family violence has been irrelevant in property settlements.
However, this approach was altered in the 1997 case of Kennon v Kennon. In this case, the Court held that the financial consequences of family violence could be considered in exceptional cases. The Judges emphasised that the conduct must have occurred during the marriage and have had a “discernible impact upon the contributions of the other party” to be relevant.
In Dajani, Judge Altobelli acknowledged these principles. He also drew upon subsequent case law to determine the impact of family violence on the Wife’s contributions. The key issue was how the Husband’s violence against the daughter affected the Wife.
Accepting most of the Wife’s unchallenged evidence, the Court concluded that the Husband’s sexual offending against his daughter caused or contributed to her difficult behaviour, making the Wife’s parental role more challenging.
The judgment emphasised that despite the Husband’s conduct being directed at his daughter, it still constituted family violence against the Wife.
Ultimately, the Court implementing the Wife’s desired 60:40 split, plus an additional 2.5% adjustment in her favour for future needs.
Upcoming Legislative Changes in Family Law
This case revealed that current Family Law courts consider domestic violence in property settlements. However, upcoming amendments to the Family Law Act will make such considerations explicitly mandatory. Indeed, as of June 10, 2025, the economic impact of family violence must be considered where relevant.
The amendments’ definition of family violence will include behaviour that coerces or controls a family member through violence or threats. This means that the family violence does not have to have been suffered by the person issuing proceedings. It is enough that it be perpetrated against another family member, as in Dajani.
If you’re facing a property settlement involving domestic violence, it’s crucial to seek expert legal advice. At Rowan Skinner and Associates Lawyers, we understand the complexities of these cases and can provide the support and guidance you need during this challenging time.
Contact us today to schedule a consultation and learn how we can help you navigate your property settlement with confidence and care.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.