How relationship evidence is weighed in a 2026 family violence claim

Relationship evidence is not one item in the pile — it is the gate. Under the Australian Department of Home Affairs' Family violence provisions – Partner visa applicants page (as of the October 2026 official pages), the Department must first be satisfied that you were in a genuine and ongoing relationship with your former sponsor before that relationship ended. Only once it has assessed the relationship as genuine does it go on to assess the family violence claim. Everything else in the file is weighed after that threshold is crossed.

This article is general information about how the published process works; it is not personalised advice about your own case, and the current official pages and a qualified professional remain the reference point for any individual decision.

What does relationship evidence actually decide?

It decides whether the claim reaches the violence evidence at all. The Department's partner visa page states that the relationship question is answered first: it must be satisfied that the relationship with the former sponsor was genuine and ongoing before it ended, and it may send a request for information asking for evidence of the relationship, with the instruction to provide as much information as you can.

The same sequencing appears for secondary applicants. On the Family violence provisions – Secondary applicants page, the Department must first be satisfied that you were in a genuine and ongoing relationship with the primary applicant of the permanent visa application before the relationship ended, and only then does it assess the family violence claims.

The published threshold is expressed as whether the relationship was genuine and ongoing before it ended — not as the presence or absence of any single document type. That distinction matters most for applicants whose financial paperwork never existed in joint form.

In what order are the two sets of evidence weighed?

The Department's own pages set out a three-step sequence, and the ordering is the substance of the assessment, not an administrative formality.

Tell the Department the relationship has ended. Partner visa applicants with ImmiAccount access use the 'Notification of Relationship Cessation' form in the 'Update Details' tab; after submission, the Partner visa and sponsorship applications are automatically removed from all ImmiAccounts, including a former sponsor's or migration agent's account. Removal happens only if the family violence option is selected. Applicants without ImmiAccount access can use the Partner processing enquiry form instead.
Gather documents — relationship evidence first, then family violence evidence.
The Department assesses the claim, determining that the violence, or part of it, occurred during the relationship and that the former sponsor (or primary applicant) was the alleged perpetrator.

One detail on the notification step is easy to miss: the form asks whether you have experienced family violence and whether you have children with your former sponsor, and both options must be selected if both apply.

What if the financial paperwork was never in your name?

Consider a hypothetical applicant whose former partner held the lease, the bank cards and the utility accounts alone, and controlled the household income. That applicant will not produce joint statements, and on the published threshold that is not, by itself, the question. The question is whether the relationship was genuine and ongoing before it ended, and the Department asks for as much information as the applicant can provide toward that question.

The Department also states directly on both the partner visa and secondary applicant pages that it understands gathering evidence of the relationship and of family violence can be difficult, that delays are sometimes outside the applicant's control, and that it will give more time to submit these documents if needed. That acknowledgment is part of the published process, not a discretionary exception.

For the family violence evidence specifically, the Department goes further: it states that you can give other evidence so long as the minimum evidentiary requirements are met, and that the decision maker may consider your extra evidence as part of a whole assessment. So the assessment is cumulative rather than pass-or-fail on a single document.

How is the family violence evidence itself weighed?

Once the relationship is accepted, the violence evidence has to show two things: that at least part of the family violence happened while you were in the relationship with your former partner or spouse, and that this person was the alleged perpetrator. All evidence must be in writing, in English, and in the format and level of detail requested.

You can give either judicial or non-judicial evidence.

	Judicial evidence	Non-judicial evidence
What it is	A document from a court of law	A joint undertaking made before the court, or a minimum of two pieces of evidence
How many you need	One of the listed options	One undertaking, or two pieces from different categories plus a Commonwealth statutory declaration (Form 1410i)
Typical content	A Family Law Act 1975 injunction, a state or territory court order, a conviction record, or a recorded finding of guilt for a family violence offence against you or your dependant	Reports, letters, risk assessments, records or statutory declarations from listed professional sources

Interim court orders are handled in their own way: an interim order may in some situations meet the threshold for judicial evidence, and if it does not, you can provide a copy while waiting for the final outcome. If a final order is made, you must provide a copy of it.

What is the "one document per category" rule?

It is the rule that most often undoes an otherwise strong submission. You can only give one document from each category of non-judicial evidence. The Department's example is medical evidence: a hospital report from a nurse and a statutory declaration from a medical practitioner cannot both count, because they sit in the same category.

Two pieces of non-judicial evidence therefore means two different categories. Each category also has defined minimum content:

Medical (medical practitioner, registered nurse or midwife): must identify the alleged victim and detail injuries or treatment that may be consistent with family violence.
Police: must identify the victim, identify the perpetrator or give information from which the identity can reasonably be inferred, and detail the incident(s).
Child welfare officer: must detail fears for the dependent child's safety due to family violence in the household, and identify or allow inference of the perpetrator.
Family violence support service provider, social worker, psychologist: must state that a claim of family violence has been made, give a professional opinion on whether the claims are consistent with the person having been subject to family violence, and identify or allow inference of the perpetrator.
Family consultant and family relationship counsellor: must state that the person was treated or counselled by them, plus the same professional-opinion and perpetrator-identification elements.
Education professional: must state that they made, or were made aware of, observations consistent with the claims, give details of those observations, and identify or allow inference of the perpetrator.

Every one of these must be made by a person acting in their professional capacity. Across these categories, the recurring shape of the test is the same: who the victim is, who the perpetrator is (or how their identity can reasonably be inferred), and what happened or what was observed.

What happens if the decision maker is not satisfied?

If the Department is not satisfied that family violence occurred, the claim is referred to an independent expert. The Department states it will tell you if this happens, that the expert will contact you to arrange an interview about your claims, that the process may take some time, and that the Department must accept the independent expert's opinion.

If the expert determines that family violence did not occur, you are given the opportunity to comment on that opinion. If the expert determines that it did occur, the Department may ask for more information, which can include a health exam or character documents such as an Australian or overseas police certificate. The same requests can follow a positive departmental assessment.

Where does support fit into the evidence picture?

The Department's Where to get help page states that support with counselling, housing, finances, food, medical needs and legal matters is available regardless of visa status, and that national and state or territory services exist for people affected by domestic and family violence. That matters for evidence in a practical sense: several of the non-judicial categories above — family violence support services, social workers, psychologists, medical practitioners — are built on contact with exactly those services.

The Department also notes on that page that helpline numbers can appear on phone bills, and recommends private browsing mode where possible.

Frequently Asked Questions

Does experiencing family violence remove the need to prove the relationship was genuine?

No. The Department's partner visa page states that it must first be satisfied the relationship with the former sponsor was genuine and ongoing before it ended, and that the family violence claims are assessed only once that relationship assessment is made. The two tests are sequential, not alternatives.

What if my former partner controlled the bank accounts and holds all the bills?

The published threshold is whether the relationship was genuine and ongoing before it ended, and the request asks for as much information as you can provide. The Department states it understands that gathering relationship evidence can be difficult and that it will give more time to submit documents if you need it.

How many pieces of non-judicial evidence do I need?

A minimum of two pieces, from two different categories, together with a completed Commonwealth statutory declaration (Form 1410i). Only one document per category counts, so two medical documents cannot together satisfy the minimum.

Does the violence have to have happened only while we were still together?

No. The requirement is that at least part of the family violence happened while you were in a relationship with your former partner or spouse. The evidence must also show that this person was the alleged perpetrator.

Can an interim court order be used as judicial evidence?

In some situations an interim order may meet the threshold. If it does not, you can provide a copy while you wait for the final court outcome, and you must provide a copy of the final order if one is made.

What if the Department does not accept my family violence evidence?

Your claim is referred to an independent expert, who will arrange an interview with you and give an opinion. The Department states it must accept that opinion; if it is adverse, you will be given the opportunity to comment on it.