Part 3 - Family Violence Restraining Orders and Financial Issues

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Hopefully, you have been keeping up to date with our previous blogs in relation to Family Violence Restraining Orders (“FVRO”).

If not, you can easily access them by clicking here.

This blog will be focused on FVRO’s and how they can affect financial issues.

Similar to children’s issues, the fact an FVRO exists or has existed, does not necessarily mean that the financial adjustment between the parties will be affected.

In financial issues:

  1. if there has been a relevant course of conduct of family violence during the relationship; and
  1. the family violence has been demonstrated to impact on a party’s contributions significantly, or made those contributions more arduous;

the assessment of the contributions of the party being subjected to family violence may be increased in their favour.

If the Family Court has evidence that family violence has significantly affected a person’s ability to contribute to the relationship, the Court may give favourable consideration to the person suffering from family violence.

If a party alleges that family violence significantly affected their ability to contribute to the relationship, they must provide specific evidence to prove this. General statements and the presence of an FVRO aren’t regarded as specific evidence.

There is a case of Yap and Leong where the wife had obtained an FVRO, after a short relationship. The wife provided evidence that the husband was often physically violent and aggressive towards her, particularly after he had been drinking alcohol.

The wife’s evidence regarding family violence was not challenged by the husband. However, there was no suggestion that the wife’s contributions as the homemaker and caring for the husband’s children from his previous marriage, were made more arduous as a result of family violence, and her contributions were not affected.

In other words, she did not receive any financial “compensation” for what she suffered.

The final blog in this series will deal with the Ethical issues and tactical use of FVROs. 

Butlers specialise in all areas of Family Law, with our experienced Team offering swift and personal service to our clients who find themselves requiring legal advice.  We understand the stress involved in Family Law procedures, and can explain and simplify these in our pursuit of achieving what you want.  Please contact us on 9386 5200 to make an appointment in our offices located at 45 Stirling Highway, Nedlands, Perth. 

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Part 4 - Tactical Family Violence Restraining Orde...
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Tuesday, 11 December 2018