Australian Family Property Law: 'Just and Equitable' Outcomes?

Abstract

In this article we focus on the broad discretion under Australia’s Family Law Act 1975 (Cth) to reallocate interests in property of spouses and separating de facto partners. We look at previous empirical research on the discretion’s operation and consider options for change. We identify that there is a lack of up-to-date empirical research data on the discretion’s operation, and that there is potential risk and possibly limited effect associated with legislative reform in this area. Yet the consistent empirical research finding that women, particularly mothers with dependent children, experience significant economic disadvantage post-separation leads us to see some merit in legislative reform ..