The current system is plagued by a combination of impractical doctrines such as: No-Fault Divorce, Spousal Support and Child Support.

Under No-Fault divorce, a dissolution of marriage can be granted even though there is no proof that the respondent of the divorce trial is the caused the end of his/her marriage. In the case that the plaintiff is guilty of causing his/her marriage's failure, his or her actions cannot be used to deny a dissolution of marriage. [1]

No-Fault Divorce allows people to a) commit adultery, b) file for divorce and c) be rewarded for their indiscretions by receiving their spouse's money. The concept offers an incentive for people to assume the role of being willfully dependent on their partners, as this gives them the option of petitioning for divorce and claiming for child support and/or spousal support. The lower earning plaintiff will argue that since the respondent was the breadwinner, that means the latter is obliged to support the former. Therefore, the combination of No-Fault Divorce, child support and spousal support allows unproductive spouses to use the legal system as an easy way to gain money.

According to the Australian Bureau of Statistics (ABS), 85.5% of men aged 15 years and 54.1% of women aged 15 years and over worked full-time in 2006. Women were more likely than men to work on a part-time basis. [2] As men are working longer hours than women, this means men tend to earn more than women. Therefore, Australian women are statistically more likely than men to have the upper hand when it comes to divorce, as they can claim for spousal support and/or child support on the basis that they earn less than their husbands.

According to the Australian Bureau of Statistics, the majority of divorce applications are filed by women. There were 52,373 divorces filed in 2005 -- 21.398 (40%) of them filed by women, and 16,020 (30%) of them filed by men. Just over 60% of divorces involved couples with children. [3]