&Lsquo;With All My Worldly Goods I Thee Endow?&Rsquo;: The Partnership Theme in Australian Matrimonial Property Law
Posted: 29 Feb 2008
Date Written: August 2005
This contribution considers the development of the `partnership` theme in cases decided by the Full Court of the Family Court of Australia and the desirability of this theme as a guide for dividing matrimonial property. The central argument is that a partnership model is the preferable model for informing the approach taken to dividing matrimonial property, but that the theme as currently articulated does not provide a very helpful guide for dividing property. Drawing on overseas developments and social sciences research, it is concluded that a `needs first` approach has merit, but that the introduction of a starting point of equal sharing of assets acquired during the marriage is probably a more realistic goal for Australian legislative reform.
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