The Division of Marital Property Between Spouses by Court Decision: An Observations in A Comparison of Australian Laws

Abstract

This article is based on the author's study of the family law principles in Australia, specifically focusing on their unique approach to dividing marital property. One noteworthy aspect is that the judge’s discretionary power to allocate property unequally between husband and wife whereas an equal split may not be just and equitable in certain circumstances. One significant factor is the concept of financial contributions, to the marriage, which encompasses an unpaid care work like homemaking and child-rearing when evaluating a contribution to the marital property. Moreover, the concern of future needs, particularly post-divorce future welfare of children, must be considered and clearly outlined in the Australian law.

This stands in contrast to the property division principles in the current Thai legal framework for divorce cases. In Thai divorce judgments, the judge is obligated to grant an equal division of common property. The article aims to explore these differences, raising the question of whether the principle of equal division, without accounting for other factors or circumstances, is fair or not.