Access to Justice and Wives’ Decisions to Claim Joint Property After Divorce

Abstrak

This paper examines why wives seldom file joint property claims after divorce through a qualitative doctrinal synthesis in family law. The discussion maps concept level drivers that shape post divorce choices, including legal literacy, perceived procedural fairness, and resource constraints. It explains how documentation asymmetry, asset registration patterns, and limited access to financial information weaken confidence in proof and expected outcomes. The paper also discusses how time burdens, childcare duties, and short term income needs raise the perceived cost of court proceedings. Social pressures such as stigma, expectations of self sacrifice, and concerns about co parenting relations may discourage formal disputes. Safety concerns and fear of retaliation can further reduce willingness to pursue claims, even when entitlement is acknowledged. Informal settlements are described as a common substitute that may offer speed and social peace while leaving fairness uncertain. The synthesis proposes an integrated conceptual map linking information access, support networks, psychological readiness, and normative expectations to the decision not to litigate. It concludes that low claim rates reflect intertwined mechanisms that narrow practical access to rights, and it highlights the need for clearer legal information and supportive pathways for vulnerable parties.