Category Archives: Family Law

Christopher Turnbull, ‘Family Law Property Settlements: A Liberal Theoretical Framework for Law Reform’

ABSTRACT This article sets out a law reform framework for family property settlements, drawn expressly from a theoretical foundation. It applies Rawls’ theory of justice, which falls under a liberal philosophical umbrella. It explains the choice of a liberal theory for use in family property settlements and constituent elements of Rawls’ theory of justice. Drawn […]

‘Rise in Cohabiting Couples Choosing Death Bed Marriages [UK]’

“Many couples are wedding shortly before one partner dies, presumably for the tax and probate benefits of such transactions. In the United Kingdom, everything that passes to a surviving spouse is exempt from inheritance tax. The spouse also inherits at the probate value, meaning when a major asset is sold the capital gains tax will […]

‘Damages for wrongful life refused’

ARB v IVF Hammersmith and Another [2018] Civ 2803 (17 December 2018). Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful […]

Alexander Georgiou, ‘Marr v Collie: The Ballooning of the Common Intention Constructive Trust’

ABSTRACT The decision in Marr v Collie represents a significant expansion of the common intention constructive trust doctrine. Unsupported by authority, it relaxes the requirement that the property be acquired for a ‘domestic’ purpose, and widens the doctrine to encompass all property, whether real or personal. The decision’s abrogation of the ‘purpose’ restriction redraws the […]

Akers and Kohm, ‘Solving Millennial Marriage Evolution’

INTRODUCTION … Part I examines the millennial desire for employment, financial security, and education as well as the impact these desires have on decisions toward marriageability. It considers the rise in numbers of single Americans, data illuminating how to define millennials, and evidence indicating that they are not convinced happiness is found in marriage. Part […]

Hitchings and Miles, ‘Rules Versus Discretion in Financial Remedies on Divorce’

Abstract This article draws on data from a recent empirical study to examine the role of discretion in financial remedy cases on divorce, particularly in the ‘everyday’ needs-based cases that constitute the bulk of the caseload in England and Wales. It explores practitioner and judicial experiences and perceptions of the discretionary Matrimonial Causes Act 1973 […]

Boyle, Wilson and Bryan, ‘Equitable presumptions and inferring intention’

Abstract Over the last decade the attitude towards equitable presumptions at the highest appellate level has turned increasingly frosty. From the Supreme Court’s landmark rejection of a presumed resulting trust analysis in Stack v Dowden, to the Privy Council’s recent rejection of the Bahamian court’s use of a presumed resulting trust in Marr v Collie, […]

Máire Ní Shúilleabháin, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’

Abstract Contracting States of the European Convention on Human Rights (ECHR) are bound to secure the rights guaranteed by the Convention. Article 8 ECHR, which guarantees the right to respect for private and family life, has been interpreted as importing extensive obligations to recognize parent–child relationships created through overseas surrogacy arrangements. These ECHR obligations (first […]

‘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, […]