Family violence and family law property division: How can the system be improved?

Kaye, M

Family violence and family law property division: How can the system be improved?

Kaye, M

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Publisher:: Legal Service Bulletin Co-operative Ltd
Publication Type:: Journal Article
Citation:: Alternative Law Journal, 2022
Issue Date:: 2022-11-22

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Field	Value	Language
dc.contributor.author	Kaye, M https://orcid.org/0000-0003-4484-1904
dc.date.accessioned	2022-11-23T02:00:45Z
dc.date.available	2022-10-14
dc.date.available	2022-11-23T02:00:45Z
dc.date.issued	2022-11-22
dc.identifier.citation	Alternative Law Journal, 2022
dc.identifier.issn	1037-969X
dc.identifier.uri	http://hdl.handle.net/10453/163665
dc.description.abstract	This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compound experiences of violence and entrench poverty. Reforms to improve the family law property system for victims of violence are suggested.
dc.language	en
dc.publisher	Legal Service Bulletin Co-operative Ltd
dc.relation	Australia's National Research Organisation for Women's Safety Ltd
dc.relation.ispartof	Alternative Law Journal
dc.relation.isbasedon	10.1177/1037969X221136180
dc.rights	info:eu-repo/semantics/openAccess
dc.rights	Miranda Kaye, Family violence and family law property division: How can the system be improved? Alternative Law Journal. Copyright © [2022]. DOI:[https://doi.org/10.1177/1037969X221136180]
dc.subject	1606 Political Science, 1801 Law, 2201 Applied Ethics
dc.title	Family violence and family law property division: How can the system be improved?
dc.type	Journal Article
utslib.location.activity	Australia
utslib.for	1606 Political Science
utslib.for	1801 Law
utslib.for	2201 Applied Ethics
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
dc.date.updated	2022-11-23T02:00:44Z
pubs.publication-status	Published online

Abstract:

This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compound experiences of violence and entrench poverty. Reforms to improve the family law property system for victims of violence are suggested.

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http://hdl.handle.net/10453/163665