Hi Elyse:)
I have a last minute question to do with Family Law before trials!
When talking about the ineffectiveness of divorce, and you want to make a point/paragraph about the ineffectiveness of property division; what would you include and how would you refer to criteria?
Thank you so much
xx
Hey there! I'm afraid I'll be a rotten help on
ineffectiveness of property division, I didn't frame my arguments that way for the HSC. That said, the case of
Marks & Xander (2016) might be worth a look, it deals with property division and financial agreements, but it is for a De-Facto relationship, could still be useful
Historically, divorce proceedings were rotten before the Family Law Act was introduced (along with 'no fault' divorce), and along with this came extremely ineffective property distribution. You could consider changes over time which have improved effectiveness?
Hmm, that's about all I have for ineffectiveness off the top of my head actually... You can tell Family Law was my weaker option
I hope even these couple of ideas give you some launching points!
In terms of linking to criteria (efficiency, accessibility, etc), just do it in a way that feels natural. Do
YOU think that the response is too slow? Write that. Do
YOU think that the response only favours the wealthy? Argue that it is inaccessible. Just think about what you personally consider as the issue with the response, why do YOU think it is ineffective? Links to the criteria will come implicitly from there, including them is secondary to arguing a point validly, and that is best done by taking your own critical, evaluative approach
Edit: Oh, also
definitely make it clear that independent property settlement agreements are WAY better than those imposed by the Family Court. Over 90% of property settlements are conducted independently of the courts, because court is:
a) Expensive
b) Slow
c) Probably will achieve a worse outcome than just talking about it would