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Cover Family Law

1. Family Life and the Law  

Ruth Lamont

This chapter explores the nature of family life and the role of the law in family relationships to identify the particular challenges facing family lawyers. In particular, it considers how the law interacts with family life, how family relationships are identified in law, and what role the law plays in regulating family behaviour. The diversity and personalised experience of ‘family’ means that the role of the law in these processes is complex. There are two central issues facing family lawyers. First, the identification of a relationship as being one of ‘family’ for the purposes of the law is an important label, and may give rise to specific rights and obligations, even if the particular relationship bears no significance for the individual. Secondly, identifying the nature of the rights and obligations arising from a family relationship is central to determining the significance of the relationship.

Chapter

Cover Family Law

6. Financial Remedies on Divorce  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean-break principle; private ordering; and reform.

Chapter

Cover Family Law

6. Financial Remedies on Divorce  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean break principle; private ordering; and reform.

Chapter

Cover Hayes & Williams' Family Law

4. Financial remedies on divorce and dissolution  

This chapter examines the legal framework which determines the distribution of money and property between spouses or civil partners on divorce or dissolution. The chapter considers the background to the current law before providing an in-depth analysis of the relevant legislative framework under the MCA 1973 and important case law guiding the courts’ exercise of discretion, including in respect of pensions and the matrimonial home. The chapter also considers the enforceability of, and weight given to, separation agreements and pre-nuptial agreements.