Category Archives: Family Law

‘EUFams II Online Final Conference, Friday 30 October 2020, 9.30-13.00 h’

“EUFams II is a study funded by the European Commission with the objective of assessing the functioning and the effectiveness of European family and succession law. The project is coordinated by the Institute for Comparative Law, Conflict of Laws and International Business Law at Heidelberg University (Prof Dr Dr HC Thomas Pfeiffer) …” (more) [Matthias […]

‘Destructive trusts: a family fight over beneficial interests’

“Amin v Amin [2020] EWHC 2675 (Ch) is a recent constructive trusts case, a judgment by Nugee LJ on appeal from the London county court. It has some interesting aspects from the point of view of explanation of ‘the rules’ on common intention constructive trusts (nothing especially new, but nicely put) but also a good […]

‘Mary Vezey, Sarah Chapone, and the Hardships of the English Laws in Relation to Wives (1732-35)’

“‘A good Husband would not desire the Power of Horse-whipping, confining, Half-starving his Wife, or squandering her Estate; a bad Husband should not be allowed it.’ So wrote Sarah Chapone in her Hardships of the English Laws in Relations to Wives, published in 1735. A remarkable but long unremarked work, Chapone’s text has started to […]

Jessica Brewer, ‘Radcliffe v Burger: Change of Matrimonial Regime as a Means of Debt Evasion

INTRODUCTION Is it fair that a husband with a multi-million-dollar judgment debt claim uses a matrimonial regime change to avoid payment? As the number of Americans pursuing the age-old tradition of marriage continues to decline, it is important to take note of how modern laws, such as Louisiana’s restrictions on post-matrimonial agreements, may negatively affect […]

Katharine Baker, ‘What is Nonmarriage?’

ABSTRACT As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s […]

Embryonic Injuries and Nascent Remedies in the age of CRISPR-Cas and Advanced IVF: Chicago-Kent College of Law, 18-19 November 2020

Join us on Zoom for this virtual symposium, chaired by Professor Barbara Pfeffer Billauer … (more)

Rob Weir, ‘Surrogacy; simply claim what’s reasonable: analysing XX v Whittington Hospital NHS Trust

INTRODUCTION Surrogacy is when a woman carries and gives birth to a baby for another person or couple. There are two types: full or gestational surrogacy where the eggs of the intended mother or a donor are used so that there is no genetic connection between the baby and the surrogate; and partial or traditional […]

Sarah Court-Brown, ‘Is Lower Pay for Shared Parental Leave Discrimination? Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police

INTRODUCTION The issue considered by the Court of Appeal in the joined appeals of Ali v Capita and Hextall v The Chief Constable of Leicestershire Police was whether it was unlawful sex discrimination for an employer to pay a man taking shared parental leave less than a woman taking maternity leave. The Court of Appeal found […]

Michael Higdon, ‘(In)Formal Marriage Equality’

ABSTRACT In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive – either through death or dissolution – to see marriage equality become the law of the land? […]

Emily Stolzenberg, ‘Properties of Intimacy’

ABSTRACT Today, 19 million US adults are cohabiting with an intimate partner. Yet family law continues to struggle with the question whether these unmarried partners should have relationship-based rights in one another’s property. Generally speaking, states answer ‘no’. Because cohabitants are not spouses, they’re treated like strangers. As a result, their property rights usually follow […]