The division of matrimonial property in Australia
What is a fair settlement?
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March 2000
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Abstract
The way property is divided on divorce is a key issue for families, and one that has attracted considerable debate over the past two decades. This article draws on data from the Institute's Australian Divorce Transitions Project to examine the extent to which the various contributions and needs specified by the Family Law Act contribute to the way property is currently divided in Australia. Where possible, comparisons are made between the way in which property is actually divided and women's and men's own views on what constitutes a fair division.
The way property is divided on divorce is a key issue for families, and one that has attracted considerable debate over the past two decades. This article draws on data from the Institute's Australian Divorce Transitions Project to examine the extent to which the various contributions and needs specified by the Family Law Act contribute to the way property is currently divided in Australia. Where possible, comparisons are made between the way in which property is actually divided and women's and men's own views on what constitutes a fair division.