This article examines the Matrimonial Property Act (1976) and the influence of partner violence on the division of marital property. Examples of legal cases involving marriages characterised by violence are used throughout the article to highlight the difficulties of dividing property within the context of family violence. The author posits that violence affects a woman's capacity to contribute equally to the marriage, so discounting the influence of family violence means the offender has the same rights to property as the victim. The Matrimonial Property Act is well behind other laws in addressing family violence, as there are no consequences for the offender. The author suggests the perpetrators of partner violence should be held accountable for their actions, so penalising them financially is a step towards this imperative.

New Zealand Law Journal May 1999 : 151-154