Family Violence and Family Law Property Division: How Can the System Be Improved?

Abstract

This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compound experiences of violence and entrench poverty. Reforms to improve the family law property system for victims of violence are suggested.

Keywords: family violence, domestic violence, family law, property division

JEL Classification: K36