Equality and autonomy in family law
Author: Hale, Brenda
Source: Journal of Social Welfare and Family Law, Volume 33, Number 1, March 2011 , pp. 3-14(12)
Abstract:
This is the slightly revised text of the Liverpool Law Lecture, delivered on 4 November 2010. It discusses the tensions between the principle of financial equality between husband and wife, emerging from the House of Lords' decisions in White, Miller and MacFarlane, and the principle of contractual autonomy, emerging from the Supreme Court's decision in Radmacher v Granatino.Keywords: Divorce; Martial agreements; Ancillary Relief; Yardstick of equality; Ante-nuptial agreements
Document Type: Research article
DOI: http://dx.doi.org/10.1080/09649069.2011.571466
Publication date: 2011-03-01
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