Bibliographies

The following bibliography has been compiled from the Australian Family & Society Abstracts database and other resources held in the Institute's library. Where available a link to the document on the Web is provided. Most items can be borrowed from the Institute's library via the inter library loan system. Online publications in PDF format require Adobe Acrobat Reader.

Separation / Divorce

A question of fault: a short history of Australian divorce law since 1959.
Donaldson, Morag
Canberra, ACT: Department of the Parliamentary Library, 2004, 2p (Research note no.38 2003-04), Online only

This research note examines the main legislative provisions of the system of fault-based divorce which existed in Australia under the Matrimonial Causes Act 1959, and the main legislative provisions of the current system of no-fault divorce under the Family Law Act 1975.

Adolescents' views on the fairness of parenting and financial arrangements after separation.
Parkinson, Patrick; Cashmore, Judy; Single, Judi
Family Court Review v.43 no.3 Jul 2005: 429-444, figures

Young people aged 12 - 19 years were interviewed about their experiences of parenting and financial arrangements after separation. The following results are discussed: young people's general views about the decision making process; dividing time between the parents; the importance of sibling relationships; patterns of residence; how much say participants had in their living arrangements; contact patterns; young people's control over contact; young people's views about the fairness of the contact arrangements; comparing children's and resident parents' views about the fairness of the contact arrangements and the financial arrangements; and fairness of arrangements concerning money and property division.

Disruption of parental relationships, current family circumstances and children's psychological adjustment. new
Wise, Sarah; Edwards, Ben
In: Families Matter: 9th Australian Institute of Family Studies Conference, Melbourne, February 2005 - proceedings. Melbourne, Vic: Australian Institute of Family Studies, 2005, 11p, Online only

Utilising data from the Children and Family Life study, this paper compares 921 children aged 5-13 years living with either a separated parent in a single-parent family, a separated parent in a step/blended family, or both natural parents, on a measure of psychological adjustment. It also explores the extent to which economic, family process, parental distress and parental absence theoretical frameworks explain any negative effects of separation. (Author abstract)

Explorations of post-divorce experiences: women's reconstructions of self.
van Schalkwyk, Gertina
Australian and New Zealand Journal of Family Therapy v.26 no.2 Jun 2005: 90-97

In this article I explore from a social constructionist perspective the experiences of women when recovering from divorce. Women have a natural resilience and develop unique ways of coping with the experience of divorce through reconstructing themselves in their linguistic and cultural context. Divorced women often face dominant discourses that elicit intense internal discomfort, conflict, and loss of socially constructed self. This can result in their experiencing themselves as less meaningful and worthy as relational beings. I explore the processes by which four women, single again, have experienced these constraints and emerged as reconstructed selves. The discussion is based on qualitative analysis of textual data obtained from written accounts. (Journal abstract)

Family matters: family breakdown and its consequences.
Morgan, Patricia
Wewllington, NZ: New Zealand Business Roundtable, 2004, 285p, figures

Since the 1960s, many countries have experienced significant increases in levels of family breakdown, and New Zealand is no exception. The author of this publication attributes the rise in family breakdown in New Zealand in large part to changed incentives arising from changes in such areas as welfare policies, taxation and family law, as well as changes in social attitudes, particularly those influenced by some versions of feminism. She documents family policy changes and their impact on the institution of the family, and calls for greater support for public policies which signal that family stability is important for children and society as a whole.

Food and family transitions: cooking in the aftermath of divorce.
Smyth, Bruce; Wolcott, Ilene
Journal of the Home Economics Institute of Australia v.11 no.3 2004: 2-8

Divorce is a feature of modern family life, and disrupts the lives of parents and children. Preparing food and sharing meals is a daily routine that can ground family members amid family change and transitions. Food and cooking are often neglected subjects in discussions about divorce, even though they have important implications for child development, emotional bonds, and parental and family wellbeing. This article explores the potential role of food and cooking in the context of divorce. Implications for home economics educators are also discussed. (Journal abstract)

Life stories of young adults who experienced parental divorce as children and adolescents.
Cartwright, Claire
In: Families Matter: 9th Australian Institute of Family Studies Conference, Melbourne, February 2005 - proceedings. Melbourne, Vic: Australian Institute of Family Studies, 2005, 7p, Online only

This paper presents results from the Life Stories and Family Transitions Study. This study includes life-story interviews with 40 young adults living in New Zealand who have experienced the separation/divorce of their parents during childhood or adolescence. The participants are between the ages of 18 and 30 years and from a range of different cultural backgrounds, including European, Maori and Pacific Islanders. The study aims to develop insight into how young adults understand the impact of parental divorce on their lives, as children and adolescents, and in their current lives as adults. This paper presents an overview of the findings from this study. It examines the experiences that were considered supportive or helpful by the participants and those that were associated with most difficulty. It also investigates the relationships, (for example, parental, peer, other adult, relatives) that were seen as most significant by the participants within their life stories. Finally, it examines the participants' perceptions of current areas of personal strength and difficulty. (Author abstract, edited)

Marital breakdown in Australia: the social correlates of separation and divorce.
Hewitt, Belinda; Baxter, Janeen; Western, Mark
Journal of Sociology v.41 no.2 Jun 2005: 163-183, tables, figures

Marriage breakdown through separation and divorce is a pervasive feature of Australian society. But little research investigates the social factors associated with marital breakdown in Australia. This study builds on and extends Australian research by using survival analysis models to examine patterns of association among temporal, life-course, attitudinal and economic factors associated with marital breakdown. Using data from the Household Income and Labour Dynamics in Australia (HILDA) survey, we find marital breakdown in Australia is socially patterned in similar ways to other Western countries. But our findings point to several directions for future research into marriage breakdown in Australia, and we identify certain unique features of Australian marriage breakdown that warrant a more detailed investigation, such as the relationship between ethnic origin and the risk of marital breakdown. (Journal abstract)

Men after separation: surviving and growing when your relationship ends.
McDonald, Ian
Sydney, NSW: Finch Publishing, 2005, 181p

Many men are devastated when their partner ends their relationship, and they may resort to extreme responses. This book recounts the experiences of men trying to cope with the situation, and suggests ways to survive and grow from the experience.

Migrant men and separation: choices in tough times.
Byrne, Mark
Cabramatta, NSW: UnitingCare Burnside, 2005, 33p, figure, and Online (PDF 414.3K)

This publication is based on the booklet 'Men and separation: choices in tough times', which was addressed to men in the general community. This book has been adapted because while men from other cultures face many of the same challenges as Australian born men when confronted with family breakdown, there are also important differences. Many migrant men do not read English well, so this booklet has been translated into Vietnamese and Arabic, and may later be translated into other languages in the community. It covers the following topics: Thinking of separating? In the process of separating? Already separated? Information and resources.

Financial issues

Family Court property proceedings: rethinking the approach to the 'financial consequences' of domestic violence.
Middleton, S
University of New South Wales Law Journal v.25 no.3 2002: 704-720

Section 75 (2) of the Family Law Act requires the Court to take into account a number of broadly financial factors that affect the property interests of the parties to a marriage. Domestic violence is only taken into account here if it has resulted in a reduction in the victim's earning capacity; matrimonial fault is not considered. The author considers the Court's approach, and explores whether it would be justified in taking into account a perpetrator's responsibility for the financial consequences of domestic violence.

Finances and post-marital distress.
Shackell, E
Threshold no.78 Sept 2003: 20-21

Conflict over finances is often a significant contributing factor to marriage breakdown. This article looks at some of the reasons why conflict occurs and some of the financial issues involved in separation.

Financial agreements: a practical overview.
Parkinson, P
Australian Family Lawyer v.15 no.1 Autumn 2001: 16-19

As a result of the Family Law Amendment Act 2000, married couples can now enter into binding financial agreements prior to marriage. In this article, the new legislation is discussed with Professor Patrick Parkinson. Questions he addresses include: What can agreements cover? Can a financial agreement extinguish a party's ability to subsequently apply for maintenance? What requirements must be satisfied for a financial agreement to be binding? How can you advise a client whether a prenuptial agreement will be fair in 20 years time? What are the grounds for setting aside a financial agreement? How will financial agreements stand up in the face of a bankruptcy? What are the relative advantages and disadvantages of financial agreements versus the traditional consent order procedure?

Financial outcomes for parents after separation.
Silvey, Jerry; Birrell, Bob
People and Place v.12 no.1 2004: 46-57, tables, and Online (PDF 172K)

This article examines the financial circumstances of separated parents who were registrants of the Australian Child Support Agency (CSA) at the time of separation (in 1997) and who remained registrants until at least 2001. The data facilitate a unique longitudinal analysis of matched separated couples over the crucial early years of their separation. The men in question were predominantly on low incomes some one to two years prior to registering with 45 per cent earning less than $15,600 per annum. Their situation did not change much between 1997 and 2001. Over these four years slightly more men moved out of this low income category than moved into it. Conversely movements in income for those men earning more than $15,600 appear to be in line with working age men in the general population. These findings do not confirm the supositions of those who believe significant numbers of CSA registrants seek to evade their obligations by reducing their engagement in the labour market after separation. Indeed this evidence supports other research suggesting that poverty or ongoing financial pressures are driving separation. This issue of a high percentage of men remaining on low incomes after separation has been recently responded to by government in a new initiative targeting newly separated and unemployed non-resident parents. Most mothers of their children are low income recipients at the time of the separation and remain so four years later. Their average incomes are under $15,600 per annum irrespective of the income of the fathers. Because of the predominantly low income of the paying fathers, their CSA liabilities are low and as a result do not add significantly to the mother's income. (Journal abstract)

Judicial discretion, the homemaker contribution and assets acquired after separation.
Parkinson, P
Australian Journal of Family Law v.15 no.2 Jul 2001: 155-171

The Full Court decision in In the Marriage of Farmer and Bramley, concerning a lottery win which occurred more than 18 months after the parties ceased to live together, reveals a significant difference of view concerning how assets acquired after separation should be treated under Section 79 of the Family Law Act. The view of the majority is difficult to reconcile with previous authority on the treatment of post-separation assets. The case also raises some fundamental issues about the theoretical basis for the division of marital assets, and the constitutional limitations on the power of the Federal Parliament to make laws concerning the alteration of property interests. (Journal abstract)

New de facto laws for Western Australia.
Thackray, S
Australian Journal of Family Law v.16 no.3 Dec 2002: 169-170

A brief overview is provided of new Western Australian legislation which deals with property and maintenance issues between partners to de facto marriages, including same sex relationships. When the Family Court Amendment Act (WA) comes into effect, separating de facto partners will have almost precisely the same property and maintenance rights as those enjoyed by married couples.

Split decisions.
Laurence, M
Business Review Weekly v.25 no.29 Jul - Aug 2003: 74-75

This article reports the views of superannuation specialist, Stephen Bourke, on the practical operation of the new super splitting legislation that allows the superannuation of separating couples to be split along with other marital property. Three recently decided cases are reviewed, indicating the principles under which the Family Court may decide questions of super splitting. Bourke points out that under the legislation the Family Court may not necessarily approve a split that it does not view as fair and equitable, even if both parties of the separating couple have agreed to it.

Spousal violence and post-separation financial outcomes.
Sheehan, G; Smyth, B
Australian Journal of Family Law v.14 no.2 Jul 2000: 102-118

In Australia there is a paucity of information about the prevalence of spousal violence among couples whose marriages have ended despite the utility of this information for family law. Little is also known about the post-separation economic repercussions of this violence, including the extent to which it impacts on property settlement outcomes. The Australian Institute of Family Studies was recently commissioned by the Office of the Status of Women to conduct a study to examine these issues. This paper presents a summary of the core findings of that study. The study took the form of a national random survey of 398 Australian divorced women and men who separated after January 1988. The findings include estimates of the prevalence of spousal violence for divorced women and men and evidence of its relevance to property settlement and other post-separation economic circumstances. The implications of these findings for family law reform and matrimonial property division are discussed. (Journal abstract)

Superannuation in family law: where are we at?
Shaw, A
Law Society Bulletin of South Australia v.25 no.7 Aug 2003: 27-31

Part VIIIB of the Family Law Act 1975, an amendment relating to superannuation as marital property, came into force in December 2002. The amendment and associated superannuation regulations and legislation, known as 'the new scheme', are outlined here and some early Family Court decisions under the new scheme are reviewed. The author comments on the scheme's flexibility in achieving equitable outcomes, and raises issues of uncertainty over decisions concerned with superannuation splitting.

The family home in Australian law.
Altobelli, T
In: Family futures: issues in research and policy, 7th Australian Institute of Family Studies Conference, Sydney, July 2000. Melbourne, Vic: Australian Institute of Family Studies, 2000, 58p, tables, Online only (130K)

This paper examines and critiques Australian law as it relates to the family home. Australian family law, it is argued, offers no protection at all for the family home, despite the home being a cornerstone of marriage, and a shelter to the family. Australian family law, despite its supposed focus on the best interests of children, in fact favours the economic interests of parents when it comes to dealing with the family home in property division. An examination of Australian civil law, particularly the laws governing insolvency and the relationships between debtors and creditors, leads to the same conclusion. Australian law is compared to laws relating to the family home in New Zealand, California, Ontario and England. These latter jurisdictions have laws which reflect and implement policies which serve to protect the family home for the benefit of its occupants, particularly children, even if the interests of third parties are postponed for a period. The writer argues the case for special treatment of the family home in Australian law, particularly when the interests of minor children are involved. (Author abstract)

The consequences of divorce for financial living standards in later life.
De Vaus, David; Gray, Matthew; Qu, Lixia; Stanton, David
Melbourne, Vic: Australian Institute of Family Studies, 2007, 27p, figures, tables (Research paper no.38), and Online

There is very little empirical evidence in Australia on the financial consequences of divorce for older people. This report begins to fill this gap by providing some of the first estimates of the financial consequences of divorce for Australians aged 55 to 74 years. Using data from the Household, Income and Labour Dynamics in Australia (HILDA) Survey, it was found that, on average, having been divorced had negative consequences for income in older age for both men and women. However, the negative financial impacts of divorce were substantially reduced by remarriage. Older divorced single Australians were much more likely to experience material hardships and to report having a lower level of prosperity than the married and never divorced. The divorced and single were more reliant on the public pension than those who had not divorced. This will have important implications for the financing of retirement incomes in Australia in coming decades and the extent to which the taxpayer will have to bear the costs of providing for retirement incomes. (Author abstract, edited)

Valuation of superannuation for family law.
Lueg, C
In: 9th National Family Law Conference, Sydney, July 2000. Melbourne, Vic: Television Education Network, 2000, volume 1, p33-47, tables

What is the fair value of superannuation and how to accurately quantify superannuation entitlements? This paper concentrates on the quantification of the superannuation entitlement, suggesting that it is often a complex calculation and is the main area where lawyers may need to obtain the assistance of an actuary. Issues covered include: limitations to access to superannuation assets; number of superannuation schemes; minimum superannuation requirements; form of benefits; tax on superannuation benefits; member benefit statements; when legal practitioners may need an actuary; and data required for valuation of superannuation entitlements. A case study is presented on valuation of superannuation after marital separation.

Later Divorces new

Consequences of divorce.
Bond, S; Hughes, P
Pointers: Bulletin of the Christian Research Association v.10 no.3 Sept 2000: 13-15

Currently, two out of every five marriages end in divorce. The costs for those involved, for children and society at large, are huge. While it is important to strengthen family life and decrease the rate of divorce, it is also important to assist those affected by divorce in making smooth transitions to other forms of family life. To this end the Australian Institute of Family Studies has undertaken the Australian Divorce Transitions Project. The project involved interviews with 650 divorced Australians in 1997. One group was chosen because they had children under 18 years of age. Another group was chosen because they had divorced after having been married for more than 15 years, so that the Institute could study the impact of divorce on people who had had a long period of marriage. This article discusses some of the results of the project including the economic consequences of divorce, repartnering and the effect on older children. (Journal abstract, edited)

Divorce and personal wellbeing of older Australians.
de Vaus, David; Gray, Matthew; Qu, Lixia; Stanton, David
In: Australian Social Policy Conference 2007. Sydney, NSW: Social Policy Research Centre, University of New South Wales, 2007, 27p, Online only (Power point presentation in PDF format 172KB)

This paper examines the impact of divorce on individual well being amongst older people. Using data from the Household, Income and Labour Dynamics in Australia Survey (HILDA), the authors compare the social connectedness, perceived social support, life satisfaction, and general health of people aged 55-74 years old, who are divorced and single, divorced and remarried, and married and never divorced, for men and for women. A previous paper by these authors found negative financial consequences for divorce among older people. Similarly, the results of this study indicate that there is a negative impact on wellbeing for older people, varying for men and women.

Divorces, Australia, 2006.
Australian Bureau of Statistics
Canberra, ACT: Australian Bureau of Statistics, 2007 (ABS catalogue no. 3307.0.55.001), Online only

Statistical information on divorces granted in Australia in 2006 is provided in this document. The numbers of divorces decreased for the fifth time since 2001. Key indicators of national and state divorces are included in the commentary and detailed divorce tables are available for downloading in a data cube. The commentary looks at divorce rates, age at divorce, duration of marriage for divorcing couples, gender of applicant, divorces involving children, and country of birth of divorcing parties.

Later-life divorce and parent-adult child contact and proximity: A longitudinal analysis.
Shapiro, A.
Journal of Family Issues v.24 no.2 2003: 264-285

This study explores how parental divorce that occurs alter children have reached adulthood affects parent-adult child contact and proximity. Data are from two waves of the National Survey of F) and include 1,463 respondents. The findings suggest that divorce affects parent-child contact and proximity differently for mothers and fathers. Compared with stably married fathers, fathers who divorced were more likely to experience a decline in coresidence and weekly contact with at least one adult child. However, divorced mothers were more likely than stably married mothers to report an increase in weekly contact with an adult child. At the same time, the data intimate that divorce may slightly increase mothers' likelihood of little or no contact with an adult child.

Later life divorces.
Weston, Ruth
Threshold no.91 Nov 2007: 12-13

Australian statistics show a trend towards divorces later in life; in 1985, 15 per cent of divorcing husbands were aged 50 or older, but in 2005, 28 per cent were in this age group. There is also an increasing trend towards divorces involving couples who had been married for 25 years or more. This article summarises the five yearly statistics from 1985 to 2005, and discusses social and demographic reasons for the trends.

Snapshots: marriage among seniors.
Evans, M D R
Australian Social Monitor v.3 no.3 Mar 2001: 89-90, figures

Almost all older people have married, with the proportion of people married dropping after their middle 60s. This snapshot of marriage among older people looks at reasons for the decline in the percentage currently married, such as widowhood and divorce. The author also examines remarriage following late spouse loss.

The marital mid-life crisis.
Brelsford, A
Threshold no.72 Autumn 2002: 14-15

This article is part of a series in which a number of contributors examine some of the challenges facing couples in the second half of marriage. It is published as an aid to educators working with couples in long term relationships. The author discusses the topic of marital mid life crisis. Compared to those issues surrounding the newly married or cohabiting couple, there has not been much written in this area of marriage. However, given what is known about the incidence of later life divorce and separation, the author argues that it is worthy of more attention.

Wealth holdings and portfolio allocation of older couples: the role of spouses' marital history.
Ulker, Aydogan
Canberra, ACT: Centre for Economic Policy Research, Australian National University, 2004, 38p, (CEPR Discussion paper no.477), Online (PDF 827K)

This paper analyses the role of the elderly couples' past marital history in determining their current wealth holdings and portfolio allocation using data from the first wave of the Health and Retirement Study. The results suggest that, for those who remarry after divorce, there is recovery from the negative shocks of marital breakdowns, which occur earlier in the life cycle. While the net cost of divorce in terms of household wealth accumulation is higher for men than it is for women, in the 'long run' it turns out to be statistically insignificant for both gender groups. Therefore, the elderly couples' marital history plays a minor role in explaining the dispersion in their wealth holdings near the end of the life cycle. However, the results also show that both the probability of owning a particular asset and the fraction of net worth allocated to that asset might significantly vary depending on the elderly couples' marital experience. Most importantly, the couples in which the spouses have divorced before invest relatively heavily on non- housing assets rather than owner occupied housing. The further analysis of financial wealth only yields that the ownership and allocation of financial assets are not affected in a major significant way. (Author abstract)

Who pulls the trigger? Who initiates divorce among over 45-year-olds.
Rokach, R., Cohen, O., & Dreman, S.
Journal of Divorce & Remarriage v.42 no.1/2 2004: 61-83

The narratives of six Israeli men and nine Israeli women who divorced at ages above 45 were analyzed by qualitative methods to explore the process of divorce initiation in this age group, in first marriages of fifteen years and more. Ten factors associated with the status of "initiator" emerged: gender; the presence of an alternative relationship; pressing for change in the marriage; outside support; economic considerations; health; emotional or physical abuse; "absent partners"; self-esteem and status in the relationship; and dominance. The evidence does not support a definitive profile of a divorce initiator. The narratives demonstrate that deciding to divorce in later life is a shared process, with contributions by both sides, rather than one individual's initiative.

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