Category Archives: Family Law

‘Are English marriage laws compliant with the EHCR?’

“On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict: Reform of the legal requirements for divorce (September 2018). A reply to responses is due from the Government, says the Ministry of Justice, by 8 March 2019 …” (more) [David Burrows, UK Human Rights Blog, 17 December]

Margaret Briggs, ‘Historical Analysis’

Abstract This chapter provides a brief account of the history of family property law in New Zealand from the nineteenth century to the present day, in the context of relationship property on death. Briggs, Margaret, Historical Analysis (2004) in N Peart, M Briggs, R M Henaghan (General Editors) Relationship Property on Death (Thomson Brookers, Wellington, […]

Patrick Parkinson, ‘Tricked into Marriage’

Abstract Many people, in recent years, have sought a decree of nullity on the basis that they have been tricked into marriage by fraudulent misrepresentations. These applications have routinely failed because the Family Court, applying ancient principles of canon law, has held that fraud is only relevant if it goes to the nature of the […]

Fehlberg, Sarmas and Morgan, ‘The Perils and Pitfalls of Formal Equality in Australian Family Law Reform’

Abstract In this paper, we identify the influence of formal equality – and more specifically, formal gender equality (that is, treating men and women the same) – in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider […]

Sofia Yakren, ‘“Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability’

Abstract … This Article shifts the blame from mothers to the legal system. While wrongful birth proceedings portray mothers’ feelings about their children as categorically negative, real life accounts and social science findings reveal the true paradoxical experiences of all mothers, including plaintiff-mothers raising children with disabilities. To acknowledge this complex reality and mitigate the […]

Zalesne and Dexter, ‘From Marriage to Households: Towards Equal Treatment of Intimate Forms of Life’

Abstract Law and attitudes around marriage have changed drastically in our own history and are widely different across cultures. Same-sex marriage is now legal, polyamorous relationships are on the rise, and, as an empirical matter, marriage serves a different purpose than it did as little as forty years ago – marriage is no longer a […]

‘The Role of Contracts in ART’

Deborah Zalesne, The Intersection of Contract Law, Reproductive Technology, and the Market: Families in the Age of ART, 51 University of Richmond Law Review 419 (2017). Every fall, the second day of my Contracts course is spent discussing the Baby M case concerning the enforceability of a surrogacy contract. The students engage in a moot […]

‘Postdoctoral Position at the University of Milan’

“The University of Milan will recruit a postdoctoral researcher in Private International Law or Civil Procedure or European Private law, starting in January 2019, for a duration of 21 months (renewable once). The researcher will work on the project ‘Facilitating cross-border family life: towards a common European understanding – EUFam’s II’ …” (more) [Antonio Leandro, […]

Sharon Thompson, ‘Feminist Relational Contract Theory: A New Model for Family Property Agreements’

Abstract In this article, a new model named Feminist Relational Contract Theory (FRCT) is explained, justified, and applied to the context of family property agreements and specifically nuptial agreements. Most nuptial agreements are created amidst a complex web of power relationships and the dynamic of these relationships often evolves over time. However, the courts in […]

‘Need, Dependency, and Choice’

Emily J Stolzenberg, The New Family Freedom, 59 Boston College Law Review 1983 (2018), available at SSRN. Emily Stolzenberg’s excellent article, ‘The New Family Freedom’, outlines the tension within American society in general, and American family law in particular, between protecting individual choice (autonomy), on one hand, and having private (rather than collective) responsibility for […]