| Abstract: | Although the Family Law Act recognizes the contribution of a marriage partner as homemaker and parent, in practice, such contributions are often not recognized as equal to those made by paid workers when property is divided on divorce. Because a woman's earning capacity is usually diminished by her family responsibilities, the existing discretionary approach to property division reinforces women's dependency on men. Under a system of equal marital property rights, the equal value of contributions of unpaid spouses would be clearly established. Assets accumulated before marriage would usually be excluded from the equal ownership rule (and hence from distribution to the other party on divorce), both partners would be informed of transactions during marriage, and parties who choose to could contract out of the equal rights scheme. Men and women would know from the outset of marriage what their rights were. |
