Which Relationships Should be Included in a Property Sharing Scheme?

Abstract

This chapter considers different methods used to identify the relationships that qualify for relationship property sharing in Western jurisdictions. In particular, the chapter considers both the ‘formal’ approach premised on relationship registration, and the ‘functional’ approach based on how the couple’s relationship operates in practical terms. The author draws on the laws in countries including England, Australia, and New Zealand, to conclude that no single approach is ideal.