Abusive Marriage: Legal Impact on Divorce & Assets

Divorce is inevitably a time of pain, stress, and great contemplation. With emotions at a heightened state, many cases also involve children, which increases complications. Adding to that, other matrimonial assets and financial settlement are other important matters that can be difficult to deal with in the middle of all this. While the whirlwind of events is already an exhausting time, a vulnerable party may also find themselves in an abusive marriage.

Before we proceed, if you or anyone around you is in an abusive marriage and requires attention immediately, please get in touch with the relevant authorities immediately and keep reading to understand your legal rights. Our team of experienced family lawyers at United Legal are ready to answer any further questions or concerns.

Divorce proceedings can create feelings of hopelessness, especially when it leads to messy and complicated court proceedings. In fact, ending an abusive marriage and seeking legal help can seem difficult and complicated. However, with the right lawyers and knowledge about your legal rights, you can seek justice and/or compensation if applicable.

In a study conducted by the Australian Divorce Transitions Project, in a national random survey of 650 divorced Australians, at least 12.1% of respondents had filed for divorce the reason of domestic abuse.

As a matter of fact, in 2005, the Australian Bureau of Statistics reported that physical assaults against women are significantly common in our own homes. In such cases, family members or friends are the likely perpetrators of physical assault on women. With such drastic statistics on domestic violence, it’s important to seek help immediately if you are in an abusive marriage.

How to Protect Yourself and Your Children in an Abusive Marriage

Whether the marriage is abusive or not, whenever it involves legal authorities and/or divorce, it can be much more complicated with children in the marriage. In fact, in most cases, an abusive marriage also leads to abuse towards children, which can create another legal case.

In any similar situation, the first and most important step is to contact the authorities right away, giving them any evidence you may have. The next step is to file for a Family Violence Order. Such orders give you the legal right to forbid the abusive spouse from coming within a set distance of you or stalking and harassing you. It can even apply to your children to keep them safe from the abuse of your ex-partner.

If you have children from the marriage, we recommend filing for a Child Protection Order and working towards child custody. Usually, the State Children’s Court makes these orders when a child requires protection from an abusive parent. In many cases, children can sometimes become a part of the family violence orders that you make against your spouse.

Divorce cases often depend on the circumstances surrounding the act. It will also involve questions about what was done, who was contacted, and what steps were taken. It implies that the first important thing to do is to ensure your family’s protection. That may require you to move out of the house or seek legal assistance. In many cases, it is often mandatory to remove children from the residence, ensuring they are safe and free from harm.

Child Violence Order in an Abusive Marriage

At a time like this, many parents are confused when figuring out the next steps in terms of legal proceedings. Usually, a Court-ordered Child Violence Order is a viable option to protect you and your child from a violent and/or abusive spouse.

For such court orders, you need to provide evidence of strong weight to prove the allegations of spousal violence or parental child abuse. If you or anyone you know has experienced such kind of abuse, it is crucial that you keep records of any such violence. It can include emails, records, photographs, letters, or anything else that can prove the violence and influence the Court orders.

If the Court accepts a Court-ordered Child Violence order, then your child may receive the ability to stay with the non-violent spouse. However, there are additional factors involved in such cases, including but not limited to financial and emotional limitations. Meanwhile, you can also discuss a visitation and order schedule with the other party.

Your circumstances in an abusive marriage can affect your legal outcome.

In many cases, it is often mandatory to remove children from the residence, ensuring they are safe and free from harm.

Similarly, other types of abuse may also result in psychological and emotional injuries. In fact, long-term abuse may often leave unseen scars on children that view these events as traumatising. Hence, many victims may also require therapy to begin their healing journey.

If you find yourself in such a situation, please reach out to relevant authorities and contact one of our experienced family lawyers for any other queries or concerns.

Financial settlement for Abusive Marriage

In regards to the division of property, the Court will generally refer the division of property to the financial contributions of each party. Additionally, it was also dependent upon the future welfare of the children in the event of domestic violence.

When determining the distribution of property under the Family Law Act (1975), the Judge will perform the following actions –

Regulate the assets of the marriage that the Court is empowered to distribute
Determine what portion of the matrimonial asset pool each party will receive
Create a final property order which is just and equitable in the circumstances and aligns with the determinations of the first two clauses.

Can Domestic Violence Affect a Divorce Case?

Many cases can include domestic violence to varying percentages. However, there are other legal complications in proceedings due to how the allegations of the victim can affect certain aspects such as custody, alimony, visitation, child support payments, and other matters. In fact, many cases may also lead to medical compensation in case of any injuries arising from the abuse.

One piece of proof to show the spouse is a victim of abuse is a record of law enforcement involvement. While this can be absent if the party refuses to contact the police, it helps prove the claim is valid. Moreover, there can be other pieces of evidence as well, that may help support your claim.

In such circumstances, it is imperative to seek help from an experienced family lawyer in divorce proceedings to ensure no facts are manipulated and you have all the documents and evidence you need for your claim. Moreover, it ensures that you receive compensation wherever applicable.

Due to the sensitivity of abusive marriages, every case is unique, with varying circumstances. Moreover, it can seem difficult to collect adequate evidence for such cases, especially considering the emotional and physical danger involved. Hence, it is important to seek legal assistance from an experienced family lawyer who can ensure that you have everything necessary to file your divorce and support your claim.

The Changing View of Courts in Cases of Abusive Marriages

The statute governing financial settlements in Australia doesn’t require a Court to alter the settlement it would otherwise, based on the domestic abuse. The statute governing financial settlements in Australia doesn’t require a Court to alter the settlement it would otherwise, based on the domestic abuse. Hence, earlier cases would involve the Court handling financial settlements without any involvement of marital fault. Eventually, cases with victims of domestic abuse set a new legal complication in Court that couldn’t be overlooked.

Hence, Australian Courts have recognised that the consequences of abuse can have a bearing on the victim’s financial circumstances. In many cases, it can lead to a situation where domestic violence hinders their ability to earn a living. Under such circumstances, an adjustment to the financial settlement can help the victim.

An obvious example of the severe impact an abusive marriage can have on financial circumstances is a serious injury. If a physically disabling injury prevents the victim from working or reduces their earning capacity significantly, it could justify awarding a larger share of the property pool to the disabled spouse.

With the adoption of more recent views and circumstances, the Court now gives greater weight to domestic violence as a factor influencing financial settlements.

Talk to a United Legal Lawyer Today

At United Legal, we have a knowledgeable and experienced team of lawyers who are patient, understanding, and helpful in your time of separation. While this can be a painful transition, ending an abusive marriage can involve many legal complications.

Here at United Legal, our family lawyers are committed to providing hassle-free service to ensure that you and your loved ones can seamlessly transition into your divorce proceedings. In addition, we offer a no-win-no-fee policy, so financial limitations are never a hurdle in your fight for your legal rights. Schedule a detailed consultation with one of our family lawyers today to discuss your case and legal outcomes.