Children's Interests in Division of Property on Relationship Breakdown

The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the division of property between their parents and, if so, how those interests should be accommodated. The authors focus solely on relationships ending during the joint lives of the parties. The paper begins with a brief historical overview of property consequences on divorce and how children's interests were accommodated in that context. The authors then outline the family-centered approach to property division in the current law of England and Wales, and Australia, before providing a more detailed analysis of the current law in New Zealand in which conceptual and practical barriers to a family-centered approach are addressed. The paper concludes by suggesting options for reform