Children's Interests in Division of Property on Relationship Breakdown

Peart, NS, and Henaghan, RM, Children’s interests in division of property on relationship breakdown, in Palmer, J, Peart, NS, Briggs, M and Henaghan, M, (eds) Law and Policy in Modern Family Finance – Property Division in the 21st Century Chapter 4, Cambridge, Intersentia, 2017, pp 65-93.

Posted: 16 Apr 2019

See all articles by Nicola Peart

Nicola Peart

Faculty of Law, University of Otago

Mark Henaghan

University of Otago; University of Otago

Date Written: 2017

Abstract

The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the division of property between their parents and, if so, how those interests should be accommodated. The authors focus solely on relationships ending during the joint lives of the parties. The paper begins with a brief historical overview of property consequences on divorce and how children’s interests were accommodated in that context. The authors then outline the family-centered approach to property division in the current law of England and Wales, and Australia, before providing a more detailed analysis of the current law in New Zealand in which conceptual and practical barriers to a family-centered approach are addressed. The paper concludes by suggesting options for reform

Keywords: Property Law, Family Law, Marriage, Children, Relationship Property, New Zealand

JEL Classification: K00, K11, K36

Suggested Citation

Peart, Nicola and Henaghan, Mark, Children's Interests in Division of Property on Relationship Breakdown (2017). Peart, NS, and Henaghan, RM, Children’s interests in division of property on relationship breakdown, in Palmer, J, Peart, NS, Briggs, M and Henaghan, M, (eds) Law and Policy in Modern Family Finance – Property Division in the 21st Century Chapter 4, Cambridge, Intersentia, 2017, pp 65-93., Available at SSRN: https://ssrn.com/abstract=3356044

Nicola Peart (Contact Author)

Faculty of Law, University of Otago ( email )

PO Box 56
Dunedin North
Dunedin, Otago 9016
New Zealand
6434798859 (Phone)
6434798855 (Fax)

HOME PAGE: http://www.otago.ac.nz/law/staff/nicola_peart.html

Mark Henaghan

University of Otago ( email )

Faculty of Law
P.O. Box 56
Dunedin, 9054
New Zealand
64 3 479 5324 (Phone)
64 3 479 8855 (Fax)

HOME PAGE: http://otago.ac.nz/law/genome

University of Otago ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand
6434798854 (Phone)
644798855 (Fax)

HOME PAGE: http://otago.ac.nz/law/genome

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