Domestic violence and matrimonial property : does the law meet the property needs of victims of domestic violence Harris, Lynne
Material type:
Research papers. Law, Family property. LL.B. (Hons) Victoria University of Wellington. Available for loan from Victoria University Library.
This research paper explores the property needs of victims of domestic violence, and the laws which deal with domestic violence and matrimonial property. Its purpose is to determine whether the law effectively meets the immediate, short-term and long-term needs of domestic violence victims. The Domestic Violence Act (1995) and Matrimonial Property Act (1976) both have the potential to meet the immediate and short-term needs through occupation and tenancy orders, if the tests are applied with a full understanding of the nature of an abusive relationship. The law, however, fails to meet the long-term property needs of victims. It lacks in the flexibility to enable the victim to obtain an unequal share of domestic matrimonial property, and fails to recognise the effect of abuse on contributions and the needs that such abuse creates, such as a clean break from the other party. This paper argues that to meet these long-term needs, the law needs to be flexible and it needs to be able to consider the needs created by the abuse, without judging the actions that caused the need.--AUTHOR'S ABSTRACT