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Domestic violence and the division of relationship property under the Property Act 1976 : the case for specific consideration Callister, Geraldine

By: Material type: TextTextPublication details: 2003Description: 49 pOther title:
  • Honours dissertation LL.B. (Hons) University of Waikato
Subject(s): DDC classification:
  • 346.01664 DOM
Summary: This dissertation argues the need for further amendments to the Property (Relationships) Act (1976) to account for case specific issues that victims of domestic violence encounter. It examines the division of relationship property in domestic violence cases where one partner has abused the other partner. The author explores whether legislation should provide for victims of domestic violence to gain entitlement to more than 50% of the relationship property. Current law is discussed with reference to case studies. Domestic violence and its effects are explored with a major component of the dissertation focussing on the economic impact of domestic violence and reasons why the impact of domestic violence needs to be considered in the division of property. Arguments for and against using the Property (Relationships) Act to reprimand perpetrators are examined. The author also recommends possible reforms to the law. The author concludes that it is time for the property law to be amended to provide for the consequences of domestic violence.
Holdings
Item type Current library Call number Status Barcode
Thesis / dissertation Thesis / dissertation Vine library TRO 346.01664 DOM Available A00669946B

Honours dissertation LL.B. (Hons) University of Waikato. Available for loan from the University of Waikato library.

This dissertation argues the need for further amendments to the Property (Relationships) Act (1976) to account for case specific issues that victims of domestic violence encounter. It examines the division of relationship property in domestic violence cases where one partner has abused the other partner. The author explores whether legislation should provide for victims of domestic violence to gain entitlement to more than 50% of the relationship property. Current law is discussed with reference to case studies. Domestic violence and its effects are explored with a major component of the dissertation focussing on the economic impact of domestic violence and reasons why the impact of domestic violence needs to be considered in the division of property. Arguments for and against using the Property (Relationships) Act to reprimand perpetrators are examined. The author also recommends possible reforms to the law. The author concludes that it is time for the property law to be amended to provide for the consequences of domestic violence.

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