Type:	Journal Article
Title:	Family Court property proceedings : rethinking the approach to the 'financial consequences' of domestic violence
Other Titles:	The University of New South Wales law journal
Authors:	Middleton, Sarah
Keywords:	Family law;Economic costs;Legislation analysis
Year:	2002
Publisher:	University of New South Wales Law School
Citation:	25 (3), 2002
Notes:	Explores the implications of the ‘financial consequences’ approach of s75(2) of the Family Law Act 1975, which does not take into account the domestic violence perpetrator’s responsibility in matrimonial property settlements. This view can be traced to the 1976 decision in Hack, where the judge considered the wife’s quadriplegia for spousal maintenance, but refused to take into account the husband’s alleged liability in damages to the wife. Conversely, in cases involving financial misconduct, the Court takes into consideration the causes of the financial consequences, such as gambling or alcoholism. Women who experience domestic violence are more likely to endure economic adversity and post-separation poverty. Medical, legal and relocation expenses should been considered when making orders for property alteration, and the violence of one spouse should be a relevant circumstance for the purposes of s75(2).
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14731
ISSN:	0313-0096
Appears in Collections:	Journal Articles

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