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Equality and autonomy in family law

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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: Ancillary Relief; Ante-nuptial agreements; Divorce; Martial agreements; Yardstick of equality

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/09649069.2011.571466

Publication date: March 1, 2011

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