Domestic Violence Threat Impacts Property Settlement

Impact of Family Violence on Property Proceedings

A recent case in the ACT Magistrates Court highlights the intersection of family violence and property settlement, an area of increasing importance for property professionals. While the details of the case itself do not directly involve property transactions, the underlying issues of domestic violence can significantly complicate property proceedings, particularly when a couple is separating or divorcing.

A man in his 50s was granted bail after being charged with two counts of assault and one count of making a threat to kill his ex-partner. He is also accused of threatening to sexually assault their grandchild and assaulting a police officer. The man pleaded not guilty to the assault charges. The court imposed bail conditions, including residing in NSW, no contact with the victim and their child, abstaining from alcohol, and remaining outside the ACT except for legal matters.

Legal Framework and Property Implications

The Family Law Act 1975 governs property settlements in Australia. Section 75(2) of the Act specifically allows the court to consider matters such as family violence when determining a just and equitable division of property. This means that a history of domestic violence can influence the final property settlement, potentially resulting in an adjusted division favouring the victim. Furthermore, the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 strengthened the considerations of family violence in parenting and property matters.

For property professionals, awareness of these legislative provisions is crucial. When dealing with separating couples, real estate agents and property managers need to be sensitive to the potential presence of family violence and its legal ramifications. Failing to recognise  these issues can lead to complications in the sale or lease of a property. Further, understanding the legal framework related to family violence is critical for providing appropriate advice and support to clients involved in such situations.

Practical Implications for Property Professionals

The presence of domestic violence can significantly impact property transactions. Victims of family violence may be forced to sell their property quickly to escape a dangerous situation, potentially at a lower price than market value. They may also face challenges in securing alternative accommodation due to financial constraints or anxieties regarding their future safety. Conversely, perpetrators may use property as a tool of coercion and control, refusing to sell or agree to a fair division of assets.

In such cases, property professionals should be equipped to identify potential signs of family violence and offer appropriate support and resources. This could include providing information about legal assistance, domestic violence shelters, and financial support services. Importantly, property professionals should prioritise the safety and wellbeing of clients experiencing family violence.

Potential Impacts on the broader Market

Whilst individual cases of family violence have direct implications for the parties involved, on a larger scale, domestic violence can indirectly affect the property market. If family violence leads to financial instability for individuals, it can contribute to an increase in mortgage defaults or foreclosures, ultimately affecting property values in the long run. Although the impact of individual cases on the broader market is minimal, acknowledging the potential for cumulative effects across numerous cases is essential.

Conclusion

This case serves as a reminder of the complex interplay between family violence and property matters. For Australian property professionals, a thorough understanding of the legal frameworks and practical implications related to domestic violence becomes crucial for ethical and informed practise. This includes being aware of the relevant legislation, recognising  potential signs of family violence, and being prepared to offer appropriate support and resources to clients in need.

Source: Region Media. “’Vile, misogynistic’: Man allegedly threatened to kill ex, sexually assault grandchild.” Region Media, April 17, 2023. https://region.com.au/vile-misogynistic-man-allegedly-threatened-to-kill-ex-sexually-assault-grandchild/861425/.

This article is based on a report from region.com.au titled “‘Vile, misogynistic’: Man allegedly threatened to kill ex, sexually assault grandchild”. You can find the original article here: https://region.com.au/vile-misogynistic-man-allegedly-threatened-to-kill-ex-sexually-assault-grandchild/861425/