9. Financial Remedies: Principles and Assessment
9. Financial Remedies: Principles and Assessment
- N V Lowe, N V LoweEmeritus Professor of Law at Cardiff University
- G Douglas, G DouglasProfessor of Law at King’s College London
- E HitchingsE HitchingsProfessor in Family Law at University of Bristol
- , and R TaylorR TaylorAssociate Professor of Law at University of Oxford and Fellow in Law at Exeter College, Oxford
Abstract
Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.
