Category Archives: Family Law

‘The European Parliament publishes Study on the impact of Brexit on family law coordinated by Professor Dr Marta Requejo’

“Research coordinated by MPI Luxembourg Senior Research Fellow Professor Dr Marta Requejo Isidro on the impact of Brexit on family law was published end of October by the European Parliament. The work was commissioned and funded by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on […]

Janet Halley, ‘Behind the Law of Marriage (I): From Status/Contract to the Marriage System’

Abstract Is marriage status or contract? The two legal forms stand in contemporary legal thought as ideal-typical opposites, the two poles of a gradient or spectrum along which marriage moves. Thus, at least five contemporary family law casebooks pose the question whether marriage is status or contract, and then supplant that question by others that […]

John Eekelaar, ‘Family Law and Identity’

Abstract This article considers the role that ‘identity’ plays in family law, particularly in recent years. It develops two versions of that concept, one related to an individual’s personal characteristics (called here ‘individual identity’), the other to the individual’s identification with other individuals (‘communal identity’). The former is exemplified in the decision of the European […]

Hilary Biehler, ‘The scope of common intention constructive trusts: where to draw the line?’

Introduction The common intention constructive trust is now well established as the mechanism used by the courts in England to resolve disputes about the beneficial ownership of family property, whether held in the parties’ joint names or in the sole name of one of them. However, it is clear that there are both doctrinal and […]

Laura Oren, ‘No-Fault Divorce Reform in the 1950s: The Lost History of the “Greatest Project” of the National Association of Women Lawyers’

“This Article is about the lost history of a campaign by the National Association of Women Lawyers (NAWL) to achieve uniform no-fault divorce law reform in the United States. In one form or another, NAWL has existed continuously since before 1911, when it began to publish the Women Lawyers Journal. From its Progressive era origins […]

Gregg Strauss, ‘What’s Wrong with Obergefell

Abstract Although Obergefell v Hodges was a historic victory for progressive constitutional law, the Supreme Court’s glorification of marriage created widespread anxiety among progressive family law scholars. Yet, the critics have still not explained why this marriage rhetoric arouses such moral indignation. Some critics predict Obergefell’s rhetoric will shape family and constitutional law in ways […]

Keith Stanton, ‘Joint bank accounts and survivorship’

Abstract Who is beneficially entitled to the money deposited in a joint bank account? In the great majority of cases, it is clear that the money is jointly owned and will pass on the death of one of the account holders to the survivor. However, things are not always simple and the law then has […]

Margaret Ryznar, ‘Robot Love’

Abstract Researchers have been developing a sophisticated humanoid robot that people in the future may want to marry. A human-robot marriage would pose all kinds of challenges for lawmakers – from the question of whether robots could be granted custody of children or access family bank accounts, to the basic question of free will. Any […]

Yehezkel Margalit, ‘Temporary Marriage – A Comparison of the Jewish and Islamic Conception’

Abstract The Jewish marriage differs from the Catholic Christian marriage, which is an institution surrounded by the halo of a holy sacrament that cannot be nullied. It also differs from the Islamic marriage, which is closer to a legal agreement than to a sacrament, wherein the husband alone may annul the marriage, either unilaterally or […]

Brian Bix, ‘Agreements in American Family Law’

Abstract Family law historically, and still today, remains a paradigm of status rather than contract. Many family law obligations and rights are connected to a status that is either not chosen (for example, child) or a status whose holder has no or limited power to alter the package of rights and duties once the role […]