Violence factors into divorce settlement -Aussie Divorce

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Violence factors into divorce settlement

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Mon, 23 Apr 2012

When determining the percentage division of the property in a Property Settlement, the Court takes into consideration a number of factors.

These factors can include contributions, the length of the relationship, the care of any children and future needs. In situations where the Court is satisfied that Domestic Violence has occurred, the Court (“in exceptional circumstances”) can also take this into consideration when determining how the property should be divided between the partners.

The Court’s preparedness to consider Domestic Violence in a Property Settlement is referred to as the “Kennon” adjustment. This name comes from a case in which the Court made a percentage adjustment in the property division, in favour of the victim of the Domestic Violence.

How does the Court determine whether an adjustment should be made in a case involving Domestic Violence? The Court has stated that the contribution by the victim must have been made “significantly more arduous” so that it should be taken into account when assessing contributions under the Family Law Act.

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