Financial abuse occurs when a person uses systematic coercion to control another family member’s access to money or assets. This may occur while the victim is currently in, or was previously in, an intimate relationship with the perpetrator. Financial abuse is a form of domestic violence.
People who experience financial abuse can access recourse and assistance.
This information is for general purposes only. We recommend you obtain professional advice relevant to your circumstances.
What is financial abuse?
Financial abuse usually occurs between intimate partners. One person controls or manipulates the other person’s access to finances, assets, and decision-making. This control creates dependence.
Examples of financial abuse include:
| Type of control | Example behaviour |
|---|---|
| Bank account control | One partner restricts access to bank accounts |
| Income control | One partner controls all money or stops the other from working or earning income |
| Personal spending control | One partner blocks access to money or takes it away |
| Monitoring behaviour | One partner monitors spending and financial decisions |
| Unauthorised use of funds | One partner uses money without permission |
Financial abuse can be subtle or overt. It often occurs alongside other forms of abuse, including physical violence.
Perpetrators of family violence often use financial control to stop a victim from leaving the relationship. They do this by limiting access to resources.
Examples of financial abuse
Financial abuse can occur when one spouse relies on the other for income. The abusive spouse may claim to search for work. However, they may spend time elsewhere instead of contributing to the household.
Another example occurs when a husband requires his wife to provide every grocery receipt. He reviews every purchase. If he disagrees with spending, he may lecture her for hours. This behaviour limits her ability to make everyday choices.
What can I do if I’m experiencing financial abuse?
Immediate safety and police support
Your safety and wellbeing come first. Police may charge the abusive person with assault. They may also apply for an Apprehended Domestic Violence Order (ADVO) to protect you.
If you want to stay in your home with your children, you can ask police to remove the violent person. You can also contact the domestic violence hotline for support. They can refer you to other services.
Legal action and urgent protection
You should take legal action as soon as possible if you experience financial abuse. You may need to start court proceedings. This helps prevent further financial loss.
Your abuser may strip assets or spend shared funds if you do nothing. This can worsen your financial situation quickly.
You can apply urgently to the Federal Circuit and Family Court of Australia (FCFCA) for an injunction. This order can stop assets being transferred, spent, or moved into other accounts.
Urgent applications usually reach the court within weeks. Non-urgent matters may take three months or longer.
Evidence gathering
| Type of evidence | Example |
|---|---|
| Financial records | Credit card statements showing restricted access to funds |
| Unauthorised applications | Financial applications made in your name without your knowledge |
| Safe storage | Documents stored with a trusted family member or friend |
Keep records that show financial abuse. Collect this evidence safely.
Examples include credit card statements that show unequal access to money. You should also keep records of financial applications made in your name without your knowledge. Store this evidence securely with someone you trust if needed.
This area of law is complex. Urgent court action adds further complexity. We strongly recommend you seek advice from an experienced lawyer.
Key considerations
If you experience financial abuse and feel unsafe, contact the police. They can help you apply for an ADVO.
You should also seek legal advice. A lawyer can help you protect your assets. They can also help you gather evidence and apply for an urgent injunction if needed.
If you or someone you know needs support, please contact us on 07 5576 9999 or email [email protected].
