Domestic violence and matrimonial property settlements

In recent times, Kennon claims are becoming the norm rather than the exception in matters brought before the Court for determination. Commentators were initially excited by this new principle and had grandiose ideas of its application and its ability to raise the profile of domestic violence in the community. The subsequent application of the Kennon principle has, however, delivered mixed results, and the intricacies of the principle must be considered by all legal practitioners before jumping down this rabbit hole. Running and defending a Kennon argument is an emotionally and financially draining process, especially where evidentiary hearings are required before the final hearing. On many occasions, a cost-benefit analysis will indicate that the cost of running a successful Kennon argument may outweigh the ultimate reward.

The purpose of this paper is to analyse the role of Kennon in matrimonial property settlements and to assess the impact, if any, that domestic violence has had on outcomes. This analysis will review the decisions of Kennon, Spagnardi, MB v GB, Lawson and a number of others which have further refined and discussed the “Kennon principle”. Taking into account the principle in its current form, this paper will identify the difficulties that need to be overcome when running or rebutting a Kennon argument. Finally, this paper will consider how the Court should apply the principle and whether changes are appropriate.

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