The Perils and Pitfalls of Formal Equality in Australian Family Law Reform
(2018) 46 (3) Federal Law Review 367- 396
32 Pages Posted: 11 Dec 2018
Date Written: December 11, 2018
In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.
Keywords: formal equality, family law
JEL Classification: K00, K39
Suggested Citation: Suggested Citation