Petition EN1518 – Bring fairness to property settlement laws

at time of separation/divorce

Click on the direct link            to sign the petition.

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13 May 2020
Dr Alberto Carvalho
Dear Petitioner,
Recently you submitted a petition on the House of Representatives website with the following terms.

Petition number:

EN1518 (Please quote in future correspondence)

Date submitted:



  • Reason: We request that the House change property settlement laws to reflect social equality and real justice for couples at separation.

    Currently, in Australia, property settlement is a minefield of litigation.

  • Request: We, therefore ask the House to adopt property settlement rules such as those from Roman Law countries.

    Marriage prenuptial conventions in Roman Law have 3 main prenup conventions and whatever you choose cannot be changed.

    1) Full communion of property/assets. Whatever each member of a couple brings into the civil union belongs to both. This includes inheritances past or future, assets, debts and both are equally liable for each other. At separation
    everything is valued and shared 50/50, including debts.

    2) Acquired communion of assets. Whatever each owns before the civil union, including inheritances, assets and debts belongs to that person, everything else brought into the union after a recognized relationship is established, belongs to both parties and at separation is valued and divided 50/50 including debts acquired after civil union began. Pre-union debts are not factored into the couple’s debts.

    3) Total separation of assets, neither person in a couple relationship is entitled to anything which belongs to the other party at any stage. Each has to keep track of what they own and at separation, they take what they are entitled to and have no right to claim anything from the other party.

    This is plain common sense and people of goodwill should stand by a system which brings true equality and responsibility into couples financial affairs.

Your petition was considered by the Standing Committee on Petitions at a recent
meeting, and was found to meet the petition requirements. It is now available for signature online.

Signatures open: 13/05/2020

Signatures close: 10/06/2020

Your petition can be viewed  here
Following the close of the signature period, your petition will be presented in the House and may be referred to the relevant Minister based on the subject of your petition terms. We will let you know when this happens.
Thank you for your interest and involvement in petitioning the House of Representatives.
Yours sincerely
Petitions Committee
PO Box 6021, Parliament House, Canberra ACT 2600 | Phone: (02) 6277 2152 | Email: