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A comparative study of domestic contribution and family property allocation in Australia, New Zealand and the United Kingdom
Author(s) -
LAWSON ROYSTON J.
Publication year - 1991
Publication title -
journal of consumer studies and home economics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.775
H-Index - 71
eISSN - 1470-6431
pISSN - 0309-3891
DOI - 10.1111/j.1470-6431.1991.tb00676.x
Subject(s) - statutory law , spouse , respondent , statute , family law , law , equity (law) , law reform , sociology , political science
The attainment of social justice for family members following marital breakdown is a perennial social and legal issue. In the three common law jurisdictions reviewed (Australia, New Zealand and the U.K.) various approaches demonstrate the elusive nature of this goal, particularly in regard to the recognition and valuation of domestic (home‐making and parenting) contributions to the family. Statutory provisions in the jurisdictions reviewed reflect the prevailing social policy in regard to allocation of property on dissolution. Critical variables of statutes interpreted by courts include length of the marriage, Conduct of the parties and contribution to the respondent spouse's business. Attempts to seek equity via home‐maker/parenting contributions reflect variously the notion of a good law of matrimonial property.