How Domestic and Family Violence Can Impact on Property Dealings

1. HOW DOMESTIC AND FAMILY
VIOLENCE CAN IMPACT ON
PROPERTY DEALINGS
Presented By Owen Hodge Lawyers

2. INTRODUCTION
Ordinarily, Courts determine property settlements
through a process that considers each party’s
contributions, likely future needs, the length of the
relationship and other equitable factors. “Fault” is
generally not a part of the calculation.
In some circumstances, however, where severe,
ongoing family violence has made it “significantly more
arduous” for one party to contribute, Courts may
consider that factor when dividing property. The legal
system recognizes that because it is, quite frankly,
more difficult for victims of abuse to contribute to a
family’s welfare, those contributions should essentially
“weigh” more in the final division of the marital
estate.

3. INTRODUCTION
Ordinarily, Courts determine property settlements through a process that considers each party’s
contributions, likely future needs, the length of the relationship and other equitable factors. “Fault” is generally
not a part of the calculation.
In some circumstances, however, where severe, ongoing family violence has made it “significantly more
arduous” for one party to contribute, Courts may consider that factor when dividing property. The legal
system recognizes that because it is, quite frankly, more difficult for victims of abuse to contribute to a family’s
welfare, those contributions should essentially “weigh” more in the final division of the marital estate.

4. KENNON ADJUSTMENT
Known as the “Kennon adjustment,” the doctrine arises from a 1997 case, in which the husband and wife
entered the marriage with approximately equal financial contributions. Thereafter, according to the record:
• the husband became addicted to methamphetamines, and his employment became irregular;
• the wife remained employed and contributed to home duties;
• the wife took on the major share of responsibility for the care of the husband and minor children after the
husband’s motor bike accident;
• both she and the children were victims of domestic violence, which included threats to kill her and the
intentional destruction of property; and
• the husband was ultimately imprisoned for breach of Intervention Orders issued in response to the wife’s
complaints about the violence.

5. KENNON
ADJUSTMENT
The Court found that the wife was entitled to an
additional percentage of the asset pool because:
• her contributions to the family and maintenance of
the home were significantly more difficult to make
as a result of the husband’s violence.
• the husband’s initial contribution was outweighed by
the wife’s ongoing contributions; and
• an additional adjustment in the wife’s favour was
merited, as she had the full time care of her children
and the effect from the violence limited her capacity
to work.

6. KENNON
ADJUSTMENT
Perhaps loathe to reintroduce the issue of fault in property settlements, the Court stressed that this kind of
adjustment was appropriate only in exceptional circumstances.
Later cases similarly emphasize that there must be probative evidence of violence and its impact on the victim’s
ability to make contributions. Research suggests that adjustments are generally small and infrequent.

7. WHAT YOU SHOULD DO

8. If you have been a victim or believe that
you are in danger of family violence, first
take the necessary steps to ensure your
own safety. Involve local law enforcement
or domestic abuse resources, as
appropriate. Thereafter, if domestic
violence is a factor contributing to the final
breakdown of a marriage, be aware that it
may affect the terms of a property
settlement.
The attorneys at Owen Hodge Lawyers
would like to assist you in any way possible.
Please call us to schedule a consultation at
1800 770 780.