Type:	Report
Title:	Letter of advice: violence and property proceedings
Authors:	Family Law Council
Keywords:	Family law
Year:	2002
Publisher:	Attorney-General's Dept.
Notes:	Provides an overview of the arguments in favour of reforming current provisions of the Family Law Act 1975 (Cth), in particular s.75(2), considered in The Marriage of Kennon, the Full Court holding that while a perpetrator’s violent conduct may be relevant in assessing their spouse's contributions under s.79, it will not be relevant, of itself, to the perpetrator’s contributions. Three main arguments in favour of reform are put forth: the need to bring certainty to the law in the wake of Kennon; the need to recognise violence as a negative contributing factor on the part of the perpetrator; and the need to recognise evidence linking domestic violence with women’s disadvantage in property settlements and experiences of financial hardship post-separation. A list of amendments are then proposed and the counter-arguments against such changes are addressed, the authors concluding that the arguments in favour of the reforms outweigh any negative consequences which may flow from them.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/19406
Physical description:	10p
Appears in Collections:	Reports

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