FamCAFC 46 the wife sought an adjustment in her favour in the property settlement
based on the fact that that family violence had a significant adverse impact on her ability to contribute to the marriage.
The wife gave evidence that she had been exposed to several incidents of significant family violence by the husband during their relationship and after their relationship had ended.
The husband denied all allegations of family
violence, bar one incident that occurred some
ten years before trial. The trial judge took the view that the wife provided insufficient evidence
to satisfy the court that the family violence made her contributions more onerous.
The wife appealed this decision and the matter proceeded
to the Full Court of the Family Court. To enable the court
to quantify the effect of the family violence upon the capacity of a party to
contribute. The Judges considered the concept of "quantification" and noted that this suggested that the evidence of the victim
spouse must be corroborated by expert evidence.

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