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Overcoming Economic Abuse

Posted by Marketing on 26 July 2016

Did you know that economic abuse is a form of family violence?

Section 5(1)(a)(iii) of the Family Violence Protection Act 2008 (Vic) (“the Act”) states that family violence is behaviour by a person towards a family member of that person if that behaviour is economically abusive.

Section 6 of the Act defines economic abuse as “behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person) without the second person’s consent in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour OR by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person’s child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses.”

Some examples that the Act provided are:

  • Coercing a person to relinquish control over assets and income;
  • Removing or keeping a family member’s property without permission, or threatening to do so;
  • Disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse;
  • Without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses;
  • Preventing a person from seeking or keeping employment;
  • Coercing a person to claim social security payments;
  • Coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person;
  • Coercing a person to sign a contract for the purchase of goods or services;
  • Coercing a person to sign a contract for the provision of finance, a loan or credit;
  • Coercing a person to sign a contract of guarantee;
  • Coercing a person to sign any legal document for the establishment or operation of a business.

 

In real life....

We have acted for a number of clients whose spouse/partner was the sole income-earner of the household and the parties relied on the one salary deposited into a joint account that both parties had access to. Just prior to separation, their spouse/partner transferred all/most of the money from the joint account and deposited it into an account in their own name.

Consequentially, the unsuspecting spouse/partner was left with no money/very little money and was in a financially desperate situation as they were dependent on their spouse/partner for money. The perpetrating spouse/partner then had financial control and therefore leverage over the other spouse/partner to force them to agree to an unjust and inequitable settlement.


This is one regular consequence

In these situations, at least 7 days may have passed from the time a person makes an urgent spousal maintenance application to the Family Court/Federal Circuit Court to the time the matter is listed for hearing date before a Judge. Imagine if this happens to you. What would you do in the meantime if you need money? Especially if you have children to feed?

 

How to reduce the chance of this happening to you

Prevention is better than cure. No one enters into a relationship expecting to separate. BUT you should never say never.

We recommend that every person in a relationship sets up their own personal bank account (that only you are able to access) as a safeguard sooner rather than later in case you need the money for a rainy day - just like insurance but better.

You may or may not choose to tell your spouse/partner about the account. We recommend that you deposit small amounts of money into that account as often as you can. This way, IF you ever separate, you’d have money saved to live on (and take care of your children) whilst you negotiate a property settlement with your spouse/partner.

 

What to do if you, or someone you know, is a victim

If you are the victim of economic abuse or know someone who is in that situation, please contact us to seek legal advice

You’ll need to have records showing what money has been taken by your spouse/partner to prove your case. Then we’ll discuss taking the matter to a Magistrate/Judge.

A common belief is that if you have no money you are unable to obtain legal advice/take legal action against your spouse/partner. That is not true.

We will be blogging about litigation funding and Barro Orders soon - so watch this space to learn more.


This article provides information that is general in nature and is not a substitute for legal advice.

308 Highett Rd, Highett VIC 3190    |    Phone: (03) 9555-7233    |    Fax: (03) 9555-3046    |     Email: admin@hls.net.au


Services we offer

  • Building and Construction Law
  • Family Law
  • Debt Recovery
  • General Commercial Litigation
  • Client Testimonials

      Demand Letter Service

About us and our team

  • Rowland Hassall
  • Irina Watson
  • Hui Yin Ong
  • Blair Williams
  • Client Testimonials

Our recent blog articles

  • What is a Grant of Probate?
  • Mythbusting: Builder's Warranties
  • Changes to Medical Powers of Attorney
  • We bought a house and there are building defects. What do we do?
  • Prenuptial Agreements – to have and to hold until?
  • Family dispute resolution – when you are your former spouse have trouble agreeing to parenting arrangements
  • Separation under one roof
  • A Will is worth the effort and cost
  • Dangers of terminating a building contract without complying with the prescribed process!
  • Why you should resolve the division of property by way of Court Orders or Binding Financial Agreement as soon as possible after separation
  • Parents – have you heard of Mymob?
  • Beware of a S6Q Notice.
  • Are you still owed money?
  • Application for Divorce – We can help you
  • Will you have to sell your property after separation?
  • Domestic building dispute resolution
  • Do you have a valid will?
  • New law. You could go to jail for building without a building permit.
  • Have you made a Binding Nomination with your Superannuation Fund?
  • Statutory Demands: Another way to collect your debts!
  • Expert evidence - in building disputes
  • What are the challenges for a Builder?
  • Can the Builder Return to Fix Defects or Complete
  • What is Spousal Maintenance?
  • What will you pay? Costs Charged to Clients in Litigation matters
  • Is it a gift or a loan? How gifts and loans are treated in family law matters
  • We do Wills and Powers of Attorney!
  • Are you still owed money?
  • Disputes with your neighbour Part 3
  • December Seminar
  • Family Law Binding Financial Agreements or Consent Orders: A little now or a LOT later.
  • How do you prove an agreement to vary (or make an alteration) to a contract?
  • Owners making a claim under the Builders Warranty Insurance (BWI)
  • Mental health awareness and Advance Statements
  • What to do when served with Court documents
  • Will you have access to your children during the holidays?
  • What you should achieve at your first interview with a lawyer
  • Disputes with a Neighbour - Part 2
  • Don't fence yourself in
  • Changes to the Building Act & You!
  • Overcoming Economic Abuse
  • Developing your suburban block
  • Remain Important in your children’s lives
  • How are you going to get paid?
  • Debt Collection - what is it good for?
  • Representing yourself at VCAT
  • New cost provisions and you!
  • Are you still owed money?
  • Maintain your share of your property
  • What are the rights of you and your builder?
  • Fixed fee divorce.
  • Representing yourself? Check out these tips first.
  • Cyber Stalking – It’s not always how you imagine it.
  • Know your deadlines
  • Baby Boomers are you ready?
  • Mediate and save
  • Are you owed money?
  • Will you have access to your children during the holidays?
  • Easier Debt Recovery Service
  • De facto relationship or Friends with Benefits?
  • What is a Binding Financial Agreement (BFA)?
  • How long does a builder have to warranty their workmanship?
  • Is Your Business Leaking?

view more blog entries...

  • What is a Grant of Probate?

  • Mythbusting: Builder's Warranties

  • Changes to Medical Powers of Attorney

  • We bought a house and there are building defects. What do we do?

  • Prenuptial Agreements – to have and to hold until?

  • Family dispute resolution – when you are your former spouse have trouble agreeing to parenting arrangements

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