Property Rights In Marriage and Property Distribution on Divorce: Room for Manoeuvre

The introduction in Australia of a system based on community of property in marriage would probably disadvantage women rather than be of benefit to them. Clearly, however, the present discretionary system of property distribution on divorce is in need of reform. This paper argues that reform can best be achieved by incorporating into the Family Law Act the guidelines and presumptions about equal sharing of family assets which have been established by the courts.