other studies than it was in the sample. The sample results showed only 4.5 % of cases where a mother received more than 80 % of the net property. In Dynamics after Five Years and Division of Matrimonial Property, 22 % of mothers (or wives) received more than 80 % of the property. In Settling Up, 13 % of mothers (or views) received more than 80 % of the property. The second inconsistency is in the 60-79 % band. The sample result (38 %) was larger than the other studies. In Settling Up, only 18 % of mothers (or wives) received amounts in this band. In Division of Matrimonial Property, 20 % of mothers/wives were in this result band, and the result was 25% in Post-Separation Dynamics after Five Years. The consistency is that in all five studies (including mine) many cases had results somewhere between 40 % and 80 % to the mother (or wife). The sample’s cases had 79 % in this range, Settling Up had 57 %, Division of Matrimonial Property had 49 %, Post-Separation Dynamics after Five Years had 59 %, and Property Division After Separation had 57 %. The comparison results follow: Comparison of 20 % Result Bands (Net Property Received by Value Including Superannuation) Settling Up, Division of Matrimonial Property, Post-Separation Dynamics after Five Years, Property Division After Separation, Sample (W= Wife or Mother) (Rounded) To my knowledge, my research is the first quantitative analysis of judicial decisions using (in effect) elements of the ‘four-step’ process. My view is that it is worthwhile extending (or reproducing) this research over a more substantial number of judicial decisions to provide the best possible understanding of judicial decision-making.
other studies than it was in the sample. The sample results showed only 4.5 % of cases where a mother received more than 80 % of the net property. In Dynamics after Five Years and Division of Matrimonial Property, 22 % of mothers (or wives) received more than 80 % of the property. In Settling Up, 13 % of mothers (or views) received more than 80 % of the property. The second inconsistency is in the 60-79 % band. The sample result (38 %) was larger than the other studies. In Settling Up, only 18 % of mothers (or wives) received amounts in this band. In Division of Matrimonial Property, 20 % of mothers/wives were in this result band, and the result was 25% in Post-Separation Dynamics after Five Years. The consistency is that in all five studies (including mine) many cases had results somewhere between 40 % and 80 % to the mother (or wife). The sample’s cases had 79 % in this range, Settling Up had 57 %, Division of Matrimonial Property had 49 %, Post-Separation Dynamics after Five Years had 59 %, and Property Division After Separation had 57 %. The comparison results follow: Comparison of 20 % Result Bands (Net Property Received by Value Including Superannuation) Settling Up, Division of Matrimonial Property, Post-Separation Dynamics after Five Years, Property Division After Separation, Sample (W= Wife or Mother) (Rounded) To my knowledge, my research is the first quantitative analysis of judicial decisions using (in effect) elements of the ‘four-step’ process. My view is that it is worthwhile extending (or reproducing) this research over a more substantial number of judicial decisions to provide the best possible understanding of judicial decision-making.
family-law_-48._dr_christopher_turnbull_submission.docx