Different cultural practices are generally welcomed and embraced in Australia, but some
cultural practices which may be common in other countries can conflict with the law in
Australia.
One such practice is the giving of dowry. Recently, the family law legal system in
Australia, via amendments to the Family Law Act 1975, has taken a stance that there
needs to be a distinction between cultural practices and practices which may result in
abuse or family violence. These amendments came into effect on 10 June 2025.
What is a Dowry
A ‘dowry’ is a cultural practice where a gift is given by a party to a marriage (‘the dowry
giver’) to the other party (‘the dowry receiver’) or their family before or after marriage.
This gift usually takes the form of money or property.
Once the dowry passes into the possession of the dowry receiver or the dowry receiver’s
family, they have the effective control of that dowry. If the parties then separate, the
circumstances surrounding the dowry can become relevant for a family law property
dispute.
How the Courts have dealt with dowries in the past
Previously there was no legislation which provided guidance in how to deal with a dowry
in family law property proceedings.
If the dowry still existed at the time of the court proceedings, and is identifiable and
quantifiable, then it could potentially be treated as forming part of the asset pool
available for division.
An example of this could be where a dowry of money was given to the dowry receiver,
and that money was still available in a bank account. This could be treated as part of the
asset pool and a contribution from the dowry giver.
In circumstances where the dowry is not recoverable, no longer exists, or it is
questionable who has possession of the dowry, then the dowry may not form part of the
property pool and may be excluded.
If a dowry was to be excluded from an asset pool, this could potentially result in a
detrimental outcome for a dowry giver, whose family may have contributed a dowry
which was above their financial means.
Sometimes, the circumstance surrounding a dowry may constitute economic or financial
abuse.
Dowry abuse
In marriages involving a dowry, issues can arise which reflect an imbalance of power
and, in the worst cases, family violence. This is where one party uses the dowry to exert
coercive control and inflict financial abuse and family violence.
This is called dowry abuse.
Examples of dowry abuse
As an example, a dowry may be provided which far outweighs the income and means of
the dowry giver’s family. This may even include demands for more gifts or money from a
dowry receiver or their family. Sometimes, if a dowry request is not met, this may result
in family violence, including physical and emotional abuse. In some cases, a dowry
receiver will not go ahead with their marriage until their specific requests are met.
The Federal Circuit and Family Court of Australia is firm in their stance that the above
situations are to be considered dowry abuse and family violence.
The present approach taken by the Court
The prevalence of dowry abuse gave rise to the Family Law Amendment Bill 2024 which
aims to address dowry abuse by including it in the definition of family violence. The bill
will take effect on June 10, 2025.
In short, the amendments will do the following:
• Recognise dowry abuse as a form of economic or financial abuse.
• Makes family violence a relevant consideration when dividing property and finances
after a relationship ends.
• Provide a framework for family law courts to make decisions about property division.
• Require parties to provide full disclosure of all financial circumstances, including the
circumstances surrounding the dowry.
The above ensures that the Court will consider the economic impact of family violence
when dividing property and finances.
Next steps
If you or someone you know wants more information or needs help or advice with their
family law matter, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.