The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this t...

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Bibliographic Details
Published in:Federal law review 2018-09, Vol.46 (3), p.367-396
Main Authors: Fehlberg, Belinda, Sarmas, Lisa, Morgan, Jenny
Format: Article
Language:English
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Summary:In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.
ISSN:0067-205X
1444-6928
DOI:10.1177/0067205X1804600302