How Family Violence Impacts Property Settlements in Brisbane: The 2026 “Economic Abuse” Reforms
The landscape of family law in Queensland has undergone a seismic shift. As of mid-2025 and moving into 2026, the Family Law Amendment Act has fundamentally altered how Brisbane families approach the division of assets. For the first time, the “economic effect” of family violence is not just a discretionary argument—it is a mandatory consideration for the Courts.
If you are navigating a property settlement in Brisbane, understanding these “Economic Abuse” reforms is critical. This guide explores how the new legislation addresses financial control, the expanded definition of family violence, and what this means for your financial future.
See more: How to Create Peace of Mind with a Legal Online Will
What is the 2026 “Economic Abuse” Reform?
Historically, victims of family violence in Australia had to meet a high evidentiary bar—often referred to as a “Kennon claim”—to prove that violence made their contributions to the marriage “significantly more arduous.”
The 2025/2026 reforms have codified and expanded these principles. The law now explicitly recognizes economic abuse as a core form of family violence. Under the updated Family Law Act 1975, the Court must now consider the economic impact of such violence when determining a financial settlement in QLD.
Defining Economic Abuse in 2026
Economic abuse is no longer a “hidden” factor. The legislation now provides clear examples of conduct that constitutes family violence, including:
- Restricting access to bank accounts, credit cards, or joint funds.
- Sabotaging employment or preventing a partner from seeking work or education.
- Coercing debt, such as forcing a partner to sign loan documents or take on credit card liabilities.
- Withholding information about the family’s true financial position (non-disclosure).
- Dowry abuse, specifically the use of cultural or familial pressure to extort money or assets.
How Family Violence Impacts Property Settlements in Brisbane
In Brisbane’s Federal Circuit and Family Court of Australia (FCFCOA), judges now follow a more structured, mandatory framework when family violence is present. This impact is felt at two primary stages of the settlement process.
1. Assessment of Contributions
The Court assesses both financial and non-financial contributions (like homemaking). Under the new reforms, if family violence occurred, the Court must evaluate if that violence:
- Reduced the victim’s ability to earn an income.
- Made the victim’s contribution as a parent or homemaker significantly more difficult.
- Resulted in “wastage” of assets by the perpetrator (e.g., gambling or intentional depletion of funds).
2. Future Needs and Current Circumstances
This is where the economic effect becomes a “future-focused” tool. The Court considers:
- Ongoing Health Costs: If violence resulted in physical or psychological trauma requiring long-term care.
- Earning Capacity: If a victim was out of the workforce for years due to control, they may receive a “future needs” adjustment to compensate for their diminished career prospects.
- Housing Needs: New provisions prioritize the need for stable housing for children, often resulting in a larger share for the primary caregiver.
Key Benefits of the New Reforms
These changes aim to provide a fairer starting point for survivors of domestic and family violence (DFV).
| Feature | Pre-2025 Approach | 2026 Reform Approach |
| Status of Violence | Discretionary (Kennon Principle) | Mandatory legislative factor |
| Financial Control | Often ignored unless extreme | Explicitly defined as Economic Abuse |
| Wastage/Debt | Difficult to prove intent | Court must consider nature of liabilities |
| Pet Ownership | Treated as “chattel” (furniture) | Recognition of emotional bonds & safety |
Real-World Example: The “Career Sabotage” Case
Imagine a couple in Brisbane where one partner was prevented from finishing their nursing degree due to the other partner’s coercive control and “economic abuse.”
Under the old rules, the victim might have been seen as having made “lesser” financial contributions.
Under the 2026 reforms, the Court can recognize that the victim’s lack of contribution was a direct result of family violence. The Court may then award a higher percentage of the property pool to the victim to account for their lost earning potential and the “arduous” nature of their homemaking under duress.
The 4-Step Process for Property Settlement in QLD
If you are pursuing a property settlement in Brisbane involving family violence, the Court generally follows this updated framework:
- Identify the Asset Pool: List all assets (houses, superannuation, cars) and liabilities (mortgages, personal debts).
- Assess Contributions: Evaluate who brought what into the relationship, but specifically factor in how family violence impacted the ability to contribute.
- Evaluate Future Factors: Adjust the split based on age, health, care of children, and the economic effect of abuse.
- Just and Equitable Check: The judge performs a final “sanity check” to ensure the division is fair in light of all circumstances.
Common Mistakes to Avoid
- Waiting to Gather Evidence: Documentation is vital. Save bank statements showing restricted access or texts regarding financial control.
- Assuming Violence Doesn’t “Count”: Many believe only physical violence matters. The 2026 reforms put economic and psychological abuse on the same legal footing.
- Ignoring the Duty of Disclosure: The new laws have “beefed up” penalties for hiding assets. If a party hides money to exert control, they face severe cost orders and potential contempt charges.
Frequently Asked Questions (FAQ)
What is considered “economic abuse” in 2026?
Economic abuse includes any behavior that interferes with a person’s financial autonomy, such as controlling their spending, preventing them from working, or forcing them to take on debt.
Does family violence automatically mean I get more of the house?
Not automatically. The Court must see a link between the violence and a “discernible impact” on your finances or your ability to contribute. However, the 2026 reforms make this link easier to establish legally.
How do I prove financial abuse in a Brisbane court?
Evidence can include bank records showing one-sided control, emails/texts, medical reports regarding stress/anxiety, and employment records showing disrupted work history.
Do these reforms apply to de facto relationships?
Yes. The changes to the Family Law Act apply to both married and de facto couples in Queensland.
What happens to the family pet under the new laws?
Pets are now recognized as more than just “property.” The Court considers who has the stronger emotional bond and whether there is a history of animal abuse as a form of coercive control.
Conclusion: Securing Your Financial Future
The 2026 “Economic Abuse” reforms represent a major victory for fairness in the Australian legal system. By making the economic effect of family violence a mandatory consideration, the law ensures that property settlements in Brisbane more accurately reflect the lived experience of survivors.
Navigating a financial settlement in QLD is complex, especially when trauma is involved. These reforms provide the tools to ensure your future is not dictated by past abuse.
Would you like me to draft a checklist of the financial documents you’ll need to gather to support an economic abuse claim in a Brisbane property settlement?
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External References:
- Federal Circuit and Family Court of Australia (FCFCOA) – Property and Finance Section
- Family Law Amendment Act 2024 – Explanatory Memorandum