The legal landscape of the Australian Capital Territory (ACT) has undergone a seismic shift. As of mid-2026, the introduction of standalone criminal offences for coercive control, alongside the 2025/2026 federal family law reforms, has fundamentally changed how the Federal Circuit and Family Court of Australia (FCFCOA) approaches property settlements. For many Canberra residents, particularly those within the public service, understanding these family violence law reforms 2026 is no longer optional—it is a critical component of securing a fair financial future.
If you are navigating a separation, the “non-physical” patterns of your relationship—such as financial monitoring or social isolation—now carry significant weight in how your assets are divided. This article explores how coercive control property settlement adjustments work under the new regime and why seeking a specialized family lawyer in Canberra is essential for those with complex assets like PSS or CSS superannuation.
See more: How Financial Advisers Help Australians Plan for Retirement
Understanding Coercive Control in the 2026 Legal Context
Historically, family law property settlements focused heavily on tangible financial contributions. While the “Kennon principle” allowed for adjustments based on family violence, it was often difficult to prove and narrowly applied to cases of physical harm that made contributions “significantly more arduous.”
The 2026 reforms have codified and expanded these concepts. Coercive control is now recognized as a strategic pattern of behavior intended to dominate a partner through fear, isolation, and the deprivation of autonomy.
What Constitutes Coercive Control Today?
Under the current ACT and federal frameworks, coercive control includes:
- Economic Abuse: Preventing a partner from working, sabotaging their career, or controlling all access to joint funds.
- Social Isolation: Restricting contact with family and friends or monitoring digital communications.
- Psychological Manipulation: Persistent gaslighting, threats of self-harm, or threats to harm companion animals (pets).
- Surveillance: Using GPS tracking or spyware to monitor a partner’s movements.
How Evidence of Coercive Control Impacts Property Settlements
The family violence law reforms 2026 explicitly require the Court to consider the economic impact of family violence when determining a property split. This impact is assessed through two primary lenses: Contributions and Future Needs.
1. The “Arduous Contributions” Adjustment
If one party’s behavior made it significantly more difficult for the other to contribute to the relationship (either financially or as a homemaker), the Court can adjust the percentage of the property pool in favor of the victim. For example, if a victim was forced to quit their job due to the perpetrator’s demands, their “lack” of financial contribution is viewed through the lens of the abuse.
2. Impact on Future Needs (Section 75(2) Factors)
The Court now places a higher priority on the long-term financial toll of coercive control. This includes:
- Reduced Earning Capacity: Psychological trauma or years of being out of the workforce can permanently lower a victim’s earning potential.
- Housing Needs: The 2026 changes mandate that the Court give additional consideration to the housing needs of the primary caregiver and children, especially where family violence has occurred.
Comparison: Settlement Factors Before vs. After 2026 Reforms
| Feature | Pre-2026 Approach | 2026 Reform Approach |
| Primary Focus | Tangible financial & non-financial contributions. | Explicit inclusion of “economic effect” of family violence. |
| Evidence Required | Often required proof of physical injury or “discernible impact.” | Recognizes “course of conduct” and psychological patterns. |
| Economic Abuse | Rarely considered unless “wastage” occurred. | Statistically significant factor in adjusting future needs. |
| Pets (Companion Animals) | Treated as simple chattel/property. | Specific category; abuse of pets is evidence of control. |
Dividing PSS and CSS Superannuation: The Canberra Public Service Factor
For Canberra residents, a property settlement often centers on a high-value Defined Benefit scheme, such as the Public Sector Superannuation (PSS) or the Commonwealth Superannuation Scheme (CSS).
These funds are unique and complex. Unlike “accumulation” funds (like Industry Super), PSS and CSS values are not just the balance shown on a statement. They are calculated using a specific “Family Law Value” formula that considers years of service, salary, and age.
The Intersection of Abuse and Superannuation
In cases of coercive control, we frequently see “superannuation sabotage.” This occurs when a controlling partner:
- Forces the other to take “time out” of the public service to limit their ABM (Accrued Benefit Multiple).
- Prevents the other from making voluntary contributions.
- Uses the complexity of the PSS/CSS rules to hide the true value of the “Family Law Value” during negotiations.
A family lawyer in Canberra with expertise in Commonwealth public service divorce is vital here. They ensure that the “Base Amount” or “Percentage Split” correctly accounts for the victim’s lost earning capacity and future security.
Step-by-Step: Navigating a Property Settlement with Evidence of Abuse
- Safety First: Ensure you have a safety plan and, if necessary, a Family Violence Order (FVO) from the ACT Magistrates Court.
- Document the Pattern: Keep a log of incidents. Coercive control is about a course of conduct, so individual “small” events matter when they form a pattern.
- Financial Disclosure: Utilize the new, elevated “Duty of Disclosure” rules. In 2026, failing to disclose assets (including PSS/CSS details) carries much harsher penalties, including cost orders and potential contempt of court.
- Valuation of Interests: Obtain a formal Family Law Valuation of all superannuation and real estate.
- Mediation (if safe): Attempt a “Less Adversarial Approach” if appropriate, though the Court now has greater discretion to waive mediation in high-risk violence cases.
Common Mistakes to Avoid
- Waiting for a Criminal Conviction: You do not need a criminal conviction for coercive control to have the Court recognize it in a civil property settlement.
- Underestimating “Non-Physical” Evidence: Text messages, emails, and testimony from friends about your isolation are powerful forms of evidence.
- Using Standard Super Statements: Never rely on a standard PSS/CSS member statement for a settlement. You must use the Form 6 information request process.
Frequently Asked Questions
1. Does coercive control mean I get a 70/30 split?
There is no fixed percentage. The Court looks at how the control impacted your specific contributions and your future needs. However, significant adjustments are becoming more common under the 2026 laws.
2. Can I split my ex-partner’s PSS/CSS pension?
Yes. Superannuation is treated as property and can be split. This is usually done via a “Superannuation Splitting Order,” which must be served on the trustee (CSC) for “procedural fairness” at least 28 days before the final order.
3. How do the 2026 ACT changes affect my pets?
The new laws allow the Court to make specific orders for “companion animals.” If your partner used the pet to control you or threatened the animal, this is now a mandatory consideration in who keeps the pet.
4. What if the abuse happened years ago?
The Court considers the entire history of the relationship. If the effects of that abuse—such as a gap in your career—still impact you today, it is highly relevant.
5. Do I need a specialized family lawyer in Canberra?
Yes. Because the ACT has specific standalone coercive control laws and a high concentration of PSS/CSS members, a local lawyer understands the local court preferences and the intricacies of Commonwealth employment.
Conclusion: Securing Your Future Post-Separation
The 2026 Family Law changes represent a turning point for fairness in the ACT. By recognizing coercive control in property settlements, the law finally acknowledges that financial and psychological abuse leaves a lasting “economic footprint” on a victim’s life.
Whether you are dealing with the complexities of PSS CSS divorce or trying to prove a pattern of non-physical abuse, you do not have to navigate this alone. The right legal strategy can ensure that your contributions are recognized and your future needs are met.
Internal Linking Suggestions:
- Learn more about [superannuation splitting for PSS/CSS members].
- Read our guide on [applying for a Family Violence Order in the ACT].
- How to [prepare your financial disclosure documents] for court.
Authoritative References:
- Family Law Act 1975 (Cth)
- Federal Circuit and Family Court of Australia (FCFCOA) Practice Directions