Can I Change the Terms of Our Agreement Because of Domestic Violence?

Separation is never easy, regardless of the circumstances surrounding it. It is definitely harder if there is domestic and family violence. If you have made a financial agreement, a consent order or a parenting plan and it is unsafe or not fair to you, then perhaps you are wondering how possible it is to vary the terms.

In this aspect, we’ll explain the types of agreements that are subject to alteration, when alterations are required, how they are done, and where help can be found. We’ll also point out how trusted family lawyers Perth can guide you through each stage of the process.

Understanding the Type of Agreement You Have

To start with, you need to ascertain exactly what kind of agreement you have made. A domestic violence lawyer Perth can help you ascertain this. The following list outlines the most common types of agreements:

• Binding Financial Agreements (BFAs): These are private agreements that fall under the jurisdiction of the Family Law Act 1975 and lay out the terms for the distribution of assets and finances.
• Consent Orders: An agreement accepted by the courts.
• Parenting Plans: Agreements written and signed regarding children, but they are not enforceable in the same way as consent orders.
• Informal arrangements: verbal or unwritten agreements between the parties.

Determining which category you fall into is a very important first step before going any further. If you are unsure, family lawyers Perth WA can review your paperwork and confirm the category for you.

Changing a Binding Financial Agreement

Although a BFA aims to provide a binding resolution, it is still susceptible to being challenged. Sections 90K and 90UM of the Family Law Act 1975 allow the Federal Circuit and Family Court of Australia to set aside financial agreements, but only under very limited conditions. Knowing these grounds with the help of family law solicitors Perth enables you to decide if you might be eligible. The main grounds are:

• Fraud, such as non-disclosure of major assets.
• Duress or coercion that makes you feel you have no choice but to sign the agreements.
• Unconscionable conduct, a behaviour which is so extremely unfair, oppressive or unjust that it would be contrary to one’s good conscience.

Family Violence and Property Settlements

Starting from 10 June 2025, changes to the Family Law Act make courts explicitly take into account the impact of family violence on each party’s contributions and on their future needs. In this case, working with a dedicated lawyer for domestic violence matters can help you gather and present evidence of how the violence affected your contributions.

Changing Parenting Arrangements

Whenever children are involved, their welfare is the foremost consideration, which includes protecting them from any form of harm. Where ongoing safety is a concern, a restraining order lawyer Perth can advise on protective orders that sit alongside any parenting changes. Your choices to make alterations largely depend on what type of arrangement you have, so it is better to know how each one is dealt with before you take any action. The main options are listed below:

• Parties can revise parenting plans simply by an exchange of letters.
• Consent orders and final parenting orders are binding, and to change them, you must generally show a significant change in circumstances.
• If there has been family violence, safety issues, or a breach of a family violence order, such may constitute a change.

Still, the most important thing is that you should only engage with the other party if it is safe and if it is not against any protection order. For this reason, domestic violence lawyers Perth often recommend communicating only through legal representatives.

Safe Ways to Seek a Change

There are multiple paths available to make changes in the agreement if there is domestic violence. To understand the most feasible options, consulting with top family lawyers Perth can help choose the safest option. Some of the most common ways to make changes in agreements because of domestic violence include:

• Negotiation or lawyer-assisted communication
• Family dispute resolution
• Making court applications to vary orders or to set aside an agreement
• Applying for urgent or interim orders in cases where there is an immediate risk at once

Final Thoughts

Domestic violence can profoundly affect the fairness of any family law agreement. If you have a binding financial agreement, consent orders or a parenting plan, it is possible to change the terms or even cancel them when there is domestic violence. If your safety, fairness or the children’s welfare is at risk, then you may consider taking this step. To make an appropriate choice, you can seek help from a family violence lawyer. They can guide you to make changes that continue to prioritise your safety as well as your rightful entitlements.