Domestic violence can have a significant impact on divorce proceedings, as it can influence decisions related to child custody, property division, and spousal support. In Australia, courts take domestic violence very seriously and consider it when making decisions in divorce cases.

Here are some ways that domestic violence can impact divorce proceedings:

• Evidence of domestic violence: Evidence of domestic violence can be used to support a divorce application or to influence decisions related to child custody, property division, or spousal support. This can include police reports, restraining orders, and statements from witnesses or victim support services.
• Child custody: If a court determines that a parent has engaged in domestic violence, it may restrict or limit their access to their children. The court will consider the best interests of the children when making this determination.
• Property division: Domestic violence can impact the distribution of property in a divorce, as the court may take into account the financial consequences of the violence when determining the division of assets.
• Spousal support: Domestic violence can also impact decisions related to spousal support. The court may consider the financial impact of the violence on the victim when determining the amount and duration of support.

If you are experiencing domestic violence, it is important to seek help from a domestic violence support service and to obtain legal advice as soon as possible. Sarah Bevan Family Lawyers can help you understand your rights and options and provide support throughout the divorce process.n02 9633 1088

What help is available for  my children when divorcing in a domestic violent relationship

If you are divorcing in a domestic violence relationship and have children, it’s important to seek help and support for both yourself and your children. Here are some resources that may be available to you:

• Domestic violence support services: Organisations such as Safe Steps Family Violence Response Centre, Women’s Safety Services Australia, and 1800 RESPECT can provide support, information, and referral services for individuals experiencing domestic violence.
• Legal advice: A lawyer can help you understand your rights and options and provide support throughout the divorce process. They can help you obtain a restraining order, represent you in court, and assist with child custody and property division negotiations.
• Counselling: Children who have experienced domestic violence may need support and counselling to help them cope with the emotional impact of the violence. Organizations such as Relationships Australia and Beyond Blue can provide counselling services for individuals and families.
• Children’s court: If you are concerned about the safety of your children, you can apply to the Children’s Court for a child protection order. The court can make orders to protect the safety and well-being of children and ensure that they are not exposed to further harm.

It’s important to note that you are not alone and that help is available. It is also important to remember that the safety of you and your children is the most important consideration. If you or your children are in immediate danger, call the police.