Web resource:	http://www.law.qut.edu.au/ljj/editions/v1n2/pdf/buckley.pdf
Type:	Journal Article
Title:	Gender and power: balancing rhetoric and reality in the Family Court
Other Titles:	Queensland University of Technology law and justice journal
Authors:	Buckley, Neil
Keywords:	Economic costs;Family law
Year:	2001
Publisher:	QUT Publications
Citation:	1 (2), 2001
Notes:	Plenary address delivered at F-Law 2001: Moving Ahead in Difficult Times on 16 February 2001.QUT Gardens Point; Level 4; C Block. Provides an overview of some of the major areas of concern and debate in the context of family law disputes, highlighting the role of gender in the power imbalances often arising between parties. Introductory issues raised include the increasing tendency for cases to be settled out of court or via other means of dispute resolution; the impact of family violence on children; and the importance of remaining critical of the gender-neutral nature of terms such as ‘family’ and ‘domestic’ violence. Three key issues are then discussed. Firstly, the economic consequences of marriage breakdown and the role of broader social structures in ensuring gender power imbalances within wider society are perpetuated within the family court structure. Secondly, the role of legal representation, or the lack thereof, in exacerbating existing power imbalances. The disproportionate number of women proceeding in the family court without legal advice and the impact this is having on financial settlements are also discussed and two ways in which the Family Court has attempted to address this issue are outlined. Lastly, a review of recent research into the role and impact of prenuptial agreements in maintaining gender imbalances is provided.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14921
ISSN:	1445-6230
Appears in Collections:	Journal Articles

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