Evaluating Contributions and Ensuring Equity: The Court’s Role in Property Distribution Amidst Family Violence – Kafer & Kafer [2019] FCCA 2255 (19 August 2019)

Case Summary

In the context of matrimonial property disputes, as exemplified in Kafer & Kafer [2019] FCCA 2255, the court’s primary objective is to ensure an equitable division of assets, which necessitates a comprehensive consideration of each party’s financial and non-financial contributions, the impact of personal circumstances such as family violence, and the overall fairness of the outcome.

This approach demonstrates the legal system’s commitment to balancing individual circumstances with the principles of justice and equity in resolving complex marital property settlements



The case of Kafer & Kafer, determined in 2019 by the Federal Circuit Court of Australia, addresses complex issues in family law, focusing on the distribution of matrimonial property, allegations of family violence, and the impact of such violence on financial contributions within the marriage. This case highlights the intricate interplay between personal circumstances and legal principles in property disputes following the dissolution of a marriage​.

Case link: Kafer & Kafer [2019] FCCA 2255 (19 August 2019)



Conflict and Contested Issues

The central conflict in Kafer & Kafer revolved around the distribution of matrimonial property following the breakdown of their marriage. Ms. Kafer filed for property and parenting matters, seeking an equitable share of the matrimonial assets. Key contested issues included the division of the matrimonial home, treatment of debts incurred during the marriage, and allegations of family violence by Ms. Kafer against Mr. Kafer. The allegations of family violence were particularly significant as they were claimed to have impacted Ms. Kafer’s ability to contribute financially and non-financially to the marriage.

Proceedings and Allegations

The proceedings, initiated by Ms. Kafer in 2016, unfolded over several years, involving both parties presenting their cases regarding property division, contributions to the marriage, and the impact of personal circumstances like Mr. Kafer’s workplace injury and Ms. Kafer’s mental health issues. The case was complicated by allegations of non-disclosure of assets and the impact of family violence, which Ms. Kafer claimed affected her contributions and well-being.

Final Outcome

The court’s decision, delivered by Judge Carter, was guided by the principles of the Family Law Act 1975. The judgment involved a detailed assessment of the couple’s financial and non-financial contributions, the impact of family violence, and the equitable division of property and liabilities, including the matrimonial home and Mr. Kafer’s business debts. The court aimed to achieve a fair and just outcome, considering the complex dynamics of the case​.

Key Laws Discussed:

  1. Family Law Act 1975 (Cth), Part VIII: This part of the Act governs property settlements following the breakdown of a marriage, including how property should be divided between the parties.
  2. Sections 79(2), 79(4), and 75(2) of the Family Law Act: These sections provide the legal framework for property division, considering factors like the contributions of each party to the marriage and future needs.
  3. Evidence Act 1995 (Cth), Section 140(2): This section relates to the standard of proof, especially important in cases involving significant allegations like family violence​


Key Parties

  1. Plaintiff/Applicant: Ms. Kafer
  2. Defendant/Respondent: Mr. Kafer
  3. Court: Federal Circuit Court of Australia​


Central Focus

The legal challenges in this case were centered on the appropriate distribution of matrimonial property and whether allegations of family violence affected Ms. Kafer’s financial contributions. The case also involved the question of how to treat a significant judgment debt incurred by Mr. Kafer through his business​.



The court’s decision was based on a detailed analysis of the couple’s financial contributions, the impact of Mr. Kafer’s business debts, and the alleged family violence. The resolution included the division of property and superannuation, as well as decisions regarding liabilities like the judgment debt and legal fees​.

The judgment in Kafer & Kafer [2019] FCCA 2255 was based on several key reasons:

  1. Evaluation of Financial Contributions: The court had to assess both parties’ financial contributions to the marriage, including income, care for the children, and maintenance of the home​.
  2. Allegations of Family Violence: The court considered the impact of alleged family violence by Mr. Kafer on Ms. Kafer’s ability to contribute financially and non-financially to the marriage​.
  3. Treatment of Debts and Assets: The division of assets, including the matrimonial home, and liabilities, such as the judgment debt from Mr. Kafer’s business and legal fees, was a significant focus. The court had to decide whether these should be treated as joint or individual responsibilities​.
  4. Mental Health Considerations: The court took into account Ms. Kafer’s mental health, which was affected by the alleged family violence and her workplace experiences. This influenced her ability to work and contribute to the marriage financially​​.
  5. Just and Equitable Distribution: The overarching principle guiding the court was ensuring a just and equitable distribution of the matrimonial property, considering all the circumstances of the case​


Legal and Societal Issues

This case delves into critical issues like the assessment of non-financial contributions in marriage, the treatment of business debts in matrimonial property settlements, and the legal consideration of family violence’s impact on financial contributions. The ruling reflects the broader societal and legal challenges in balancing personal circumstances with equitable property distribution in family law​.



Kafer & Kafer [2019] FCCA 2255 underscores the complexity of family law, where personal history, financial contributions, and allegations of abuse intertwine. It highlights the nuanced legal approach needed to address these multifaceted issues, ultimately aiming for a fair and equitable resolution.


Further Questions

  • How does family violence impact financial settlements in divorce?

In cases like Kafer & Kafer, allegations of family violence can influence the court’s assessment of each party’s financial contributions to the marriage. If violence affected one party’s ability to contribute, this might be factored into the settlement​​

  • What is considered in dividing matrimonial property?

The court considers various factors, including financial contributions to the marriage, non-financial contributions (like homemaking and caregiving), the impact of family violence on these contributions, and the treatment of individual debts and assets​​

  • Can business debts affect property settlements in divorce?

Yes, business debts, like the judgment debt in Kafer & Kafer, can significantly impact property settlements. The court evaluates whether such debts should be considered joint liabilities or the responsibility of one party​​.