'Domestic promises' and the division of farming property in Australia

Malcolm Voyce

'Domestic promises' and the division of farming property in Australia

Malcolm Voyce

Macquarie Law School

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Abstract

In Australia, property law represents a particular historical narrative of social ideas. To illustrate this proposition, two judgments are examined concerning the division of family property following divorce, and one judgment concerning Family Provision legislation. The objective is to build on the idea that in legal disputes property has been divided in a way that privileges 'productive' male labour and minimises the contributions of women. A second objective is to show how the division of property reflects a particular notion of Australian history and associated ideas about economics, sexuality and domesticity. Finally, it will be demonstrated that a phenomenon, which will, for the present, be called 'domestic promises', has been interpreted to exclude certain familial expectations regarding rural property.

Original language	English
Pages (from-to)	149-162
Number of pages	14
Journal	Macquarie Law Journal
Volume	14
Publication status	Published - 2014

Bibliographical note

Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.

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Mq-37093-Publisher version (open access)Final published version, 561 KBLicence: Unspecified

Cite this

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title = "'Domestic promises' and the division of farming property in Australia",

abstract = "In Australia, property law represents a particular historical narrative of social ideas. To illustrate this proposition, two judgments are examined concerning the division of family property following divorce, and one judgment concerning Family Provision legislation. The objective is to build on the idea that in legal disputes property has been divided in a way that privileges 'productive' male labour and minimises the contributions of women. A second objective is to show how the division of property reflects a particular notion of Australian history and associated ideas about economics, sexuality and domesticity. Finally, it will be demonstrated that a phenomenon, which will, for the present, be called 'domestic promises', has been interpreted to exclude certain familial expectations regarding rural property.",

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N2 - In Australia, property law represents a particular historical narrative of social ideas. To illustrate this proposition, two judgments are examined concerning the division of family property following divorce, and one judgment concerning Family Provision legislation. The objective is to build on the idea that in legal disputes property has been divided in a way that privileges 'productive' male labour and minimises the contributions of women. A second objective is to show how the division of property reflects a particular notion of Australian history and associated ideas about economics, sexuality and domesticity. Finally, it will be demonstrated that a phenomenon, which will, for the present, be called 'domestic promises', has been interpreted to exclude certain familial expectations regarding rural property.

AB - In Australia, property law represents a particular historical narrative of social ideas. To illustrate this proposition, two judgments are examined concerning the division of family property following divorce, and one judgment concerning Family Provision legislation. The objective is to build on the idea that in legal disputes property has been divided in a way that privileges 'productive' male labour and minimises the contributions of women. A second objective is to show how the division of property reflects a particular notion of Australian history and associated ideas about economics, sexuality and domesticity. Finally, it will be demonstrated that a phenomenon, which will, for the present, be called 'domestic promises', has been interpreted to exclude certain familial expectations regarding rural property.

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ER -

'Domestic promises' and the division of farming property in Australia

Abstract

Bibliographical note

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