Legal entitlements after relationship separation
What you need to know
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Economic justice is essential for women experiencing relationship separation, as financial insecurity is both a barrier to leaving and a major factor in long-term recovery. Access to safe and stable housing, income support, legal assistance, and employment opportunities empowers women to rebuild their lives free from violence. Without economic independence, many women are forced to return to unsafe environments or face poverty and homelessness, particularly when they have experienced financial abuse.
Promoting economic justice involves accessing legal rights and entitlements to ensure that all women have the resources and opportunities needed to live safely, independently, and with dignity.
Debt
Debt connected to family violence, such as coerced debts, unpaid bills, or joint liabilities, can deeply impact your financial recovery. Legal support can assist with negotiating, contesting, or resolving these debts to improve your financial security. Many companies and organisations have family violence or hardship redress schemes that will allow debts to be waived or reduced. A lawyer or financial counsellor can assist with this process.
Bank Accounts and Security
​Joint accounts, loans, or unauthorised access to your banking details can be used to control you. Ensuring that your finances are secure and separated from a partner is a vital step toward independence and reducing your likelihood of experiencing future financial abuse.
Employment
Economic abuse often includes interference with work or income. If you're facing unfair work conditions, underpayment, or have recently lost employment, you may have legal rights and options to support your financial recovery. The Working Women’s Centre Victoria can provide women with free legal advice on their employment rights.
Property
Deciding how to divide shared property, such as cars and homes, as well as superannuation, is a key financial issue after separation. Legal support can help ensure your interests are protected during this process and provide guidance on coming to an agreement with the other party through negotiation or mediation, to avoid costly court proceedings.
Safety
If you're afraid for your safety or experiencing coercion, control, or violence, your safety must come first. Legal options, including family violence intervention orders and personal safety intervention orders, can help provide immediate and long-term safety.
Victims of Crime Assistance
If you’ve experienced violence resulting in physical or psychological harm, you may be eligible for financial support through the Victims of Crime Financial Assistance Schemes. Legal help can guide you through this process.
Migration
Many women on temporary visas are reluctant to leave relationships due to fear of deportation. However, if you’re on a temporary visa and experiencing abuse, you may have legal protections that allow you to stay safely and legally in Australia.
Criminal Issues
Legal concerns related to past arrests or negative police experiences may impact your safety and stability. Support is available to help you understand and respond to these issues.
Housing (rental)
Housing insecurity is a common issue after relationship breakdown. If your rental lease is shared, if you’re struggling with rent, or have been threatened with eviction, or the rental has been damaged by your ex partner, legal advice can help protect your housing rights.
Government and Community Support
Navigating Centrelink payments, debts, or services can be complex—especially in the context of family violence. Legal support can assist in resolving disputes or accessing benefits you're entitled to.
Child Support
Ensuring financial support for children in your care is crucial. If you’re not receiving child support, legal advice may help you take action to secure regular payments.
Other Issues
If you're facing court or have other legal concerns not covered above, speaking with a lawyer can help you understand your rights and options.
Need legal help?
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Northern Community Legal Centre offers free legal advice:
Email – admin@northernclc.org.au
Phone – (03) 9310 4376
Family violence support services are also available:
Safe Steps – 1800 015 188
The Orange Door – 1800 634 245
Nexus – 1300 773 352
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Other specialist services:
Working Women’s Centre – 1800 WWC VIC (1800 992 842)
Relationships Australia – 1300 364 277