In Australian family law separations involving property or financial disputes, there is no automatic right to 50% of the net asset pool and there is no mathematical formula or standard entitlement for either spouse. A property settlement depends on the circumstances of the relationship, and must produce an outcome that is just and equitable, or in other words, it must be fair in the circumstances of the relationship.

When relationships break down, allegations of family violence often have serious and long-standing consequences and family law proceedings. It is all too common for parties negotiating parenting arrangements, a property settlement, or seeking to commence proceedings in the Federal Circuit and Family Court of Australia to also have an Apprehended Domestic Violence Order (ADVO) against one of the parties to the relationship.

Coercive control is complex and often hidden—yet its effects on parents and children are profound. Understanding the nature, risks and legal significance of coercive control is essential to achieving safe and just outcomes in family law matters.

Recent changes to family law better protect children and their families from family violence. Learn how new definitions of different kinds of abuse affect parenting and protection orders, and what these updates could mean for you or someone you know.