Journal Article

‘With All My Worldly Goods I Thee Endow?’: The Partnership Theme in Australian Matrimonial Property Law

Belinda Fehlberg

in International Journal of Law, Policy and the Family

Volume 19, issue 2, pages 176-193
Published in print August 2005 | ISSN: 1360-9939
Published online August 2005 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebi013
‘With All My Worldly Goods I Thee Endow?’: The Partnership Theme in Australian Matrimonial Property Law

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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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Subjects: Family Law ; Marriage and the Family

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