NSW Kennon v Kennon and evidence of exceptional DV

[Fwowr]

How does a person provide documentation of "exceptional" DV for a Kennon adjustment?

I'm working with Legal Aid. I've been assigned solicitors twice who have left (quit or been fired) after being assigned to me. Due to Covid-19 there will be a delay before I get a new lawyer. My previous solicitors told me I was getting ahead of myself asking about this so I was never given a clear answer.

What evidence do I present to the courts in order to demonstrate I was severely abused and this affected my ability to contribute to the marriage? I have letters from my partner describing the abuse. My previous solicitors said I need records from an unrelated third party but neither told me where to get the records. The police didn't investigate when I reported it.

This isn't like ringing up the bank for old statements. It would likely require quite a lot of advance preparation. Who handles these situations?

 

[Atticus]

My previous solicitors told me I was getting ahead of myself asking about this so I was never given a clear answer.

Tend to agree with that advice.... Strong grounds for a Kennon adjustment can be a difficult thing to establish & an even harder one to quantify in $ terms.... It's likely to involve days of legal argument & reams of paperwork.... Basically any adjustment in your favour would likely be consumed by legal costs & then some...

IMO, one of the broadly accepted principals is that a kennon adjustment should only be applied in exceptional cases, & then is probably only practical where there is a very large property pool to draw upon

 

[sammy01]

Firstly, all sympathy for your experiences. From here on you're not gonna like my advice.

Chapter 5: Domestic violence and family law - Women's Legal Service NSW

Download this chapter: Chapter 5: Domestic violence and family law (PDF) Parenting arrangements Family Dispute Resolution Options if parents can agree about parenting arrangements If parents can’t agree about parenting arrangements Notice of Risk / Notice of Child Abuse, Family Violence or Risk...

www.wlsnsw.org.au

have a read - a small adjustment in 'exceptional' circumstances.

If you're dealing with legal aid I reckon you need to cut your losses.