Gender inequality and divorce laws: A Canadian perspective
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April 1997
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Abstract
Australia and Canada (except French Canada) have experienced similar legal backgrounds and similar divorce controversies, but several policy choices have differed. In this article the author highlights a number of legal reforms that have occurred in Canada and in Australia, arguing that the lingering controversies resulting from divorce reform cannot only be resolved through changes to family law. They require wide changes in social and economic policies and public attitudes. Laws relating to divorce and custody in both Canada and Australia have been inconsistent and misleading for the judiciary and the public. Although the law is written as gender neutral and designed to ensure the equal division of matrimonial property, in reality gender remains a key variable in divorce outcomes.
Australia and Canada (except French Canada) have experienced similar legal backgrounds and similar divorce controversies, but several policy choices have differed. In this article the author highlights a number of legal reforms that have occurred in Canada and in Australia, arguing that the lingering controversies resulting from divorce reform cannot only be resolved through changes to family law. They require wide changes in social and economic policies and public attitudes. Laws relating to divorce and custody in both Canada and Australia have been inconsistent and misleading for the judiciary and the public. Although the law is written as gender neutral and designed to ensure the equal division of matrimonial property, in reality gender remains a key variable in divorce outcomes.