Property valuations decided through the court system in family law separation in Australia
| Date | 26 January 2024 |
| Pages | 365-379 |
| DOI | https://doi.org/10.1108/JPIF-05-2023-0046 |
| Published date | 26 January 2024 |
| Author | Deborah Leshinsky,Stanley McGreal,Paloma Taltavull,Anthony McGough |
Property valuations decided
through the court system in family
law separation in Australia
Deborah Leshinsky
Department of Economics, University of Alicante, Alicante, Spain and
Monash University, Melbourne, Australia
Stanley McGreal
Faculty of Art Design and the Built Environment, University of Ulster, Belfast, UK
Paloma Taltavull
Department of Applied Economics, Universitat d’Alacant, Alacant, Spain, and
Anthony McGough
Knight Frank LLP, Melbourne, Australia
Abstract
Purpose –In Family Law Court decisions in Australia, following divorce, the female party is frequently
disadvantaged financiallyin the long term. This paper provides a critical assessmentof valuation evidence as a
data source in research and discusses valuation accuracy, valuation variation and valuation bias, as well as the
Australian family court system and the role of valuers as expert witnesses. In particular, valuation in family
law, as it relates to gender inequality, is discussed. The study aims to determine whether the current system of
valuation in the Family Law Courts disadvantages women. This paper was important to reveal information
that stakeholders in family law cases use on a day-to-day basis.
Design/methodology/approach –A database of 658 cases was developed and analysed to examine the
influence of valuations of the matrimonial home provided by both the male and female parties on the final
decision of the court.
Findings –Findings showed that valuations from the female party had marginally more influence on the
outcome. However, financial disadvantages for the female party persist despite this. This raises several
questions for future research, regarding reasons for this persistent disadvantage.
Research limitations/implications –Research limitations included a time-consuming process.
Practical implications –Further researchers can use the findings from this paper to further research.
Social implications –Social implications include the ability of the research to impact on society. In this
regard, it was the matrimonial home in relation to divorce proceedings.
Originality/value –The originality of this paper stems from the analysisof a database that was created from
a large number of cases from Austlii database family law cases.
Keywords Family, Law, Valuation, Gender, Inequality, Divorce, Matrimonial home
Paper type Research paper
1. Introduction
Gender equality is not only a fundamental human right but a necessary foundation for a
peaceful, prosperous and sustainable world. Whilst there has been significant progress as
part of a fundamental societal shift, a report by the United Nations (2022) has identified a
further widening of the gender poverty gap.
One potential contributor to gender inequality is divorce, with financial outcomes for
women post-divorce being less favourable than for men. Australia, as a significant first-world
country, amply highlights this issue, with data from the HILDA (Household, Income and
Labour Dynamics in Australia) survey (Melbourne Institute: Applied Economic and Social
Research, 2019) showing that for women in Australia, post-divorce earnings fell sharply from
pre-divorce levels at the first interview after divorce. Furthermore, divorce was shown to
Property
valuations in
family law
separation
365
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1463-578X.htm
Received 24 May 2023
Revised 24 September 2023
7 November 2023
Accepted 14 November 2023
Journal of Property Investment &
Finance
Vol. 42 No. 4, 2024
pp. 365-379
© Emerald Publishing Limited
1463-578X
DOI 10.1108/JPIF-05-2023-0046
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