Category Archives: Family Law

Aston and Hamilton, ‘On the Development of Marital Law’

ABSTRACT This issue of the Journal of Legal History results from a conference organized by Dr Jennifer Aston (Northumbria University) and Dr Frances Hamilton (University of Reading) held virtually at Northumbria University on 20th May 2021. At this event we explored the changing legal and cultural definitions of marriage in any geographical location or jurisdiction […]

He Jian, ‘Fiduciary Principles in Chinese Family Law’

ABSTRACT The existing literature on fiduciary law focuses primarily on commercial settings, and fiduciary principles in the area of family law have seldom been considered. This essay sheds light on the fiduciary principles in Chinese family law. There is a set of classic fiduciary duty rules under Chinese family law, such as conflict-of-interest rules and […]

Sally Gold, Review of Rebecca Probert, Tying the Knot

Tying the Knot by Rebecca Probert, Cambridge, Cambridge University Press, 2021, xiv + 284 pp (including index), £85 (hardback), ISBN: 9781316518281. E-book available on Cambridge Core, ISBN: 9781009000109. Rebecca Probert’s study focuses upon the evolution of marriage law since the Marriage Act 1836, and it takes the subject up to the present day. She draws […]

Antognini and Appleton, ‘Sexual Agreements’

ABSTRACT Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution – defined as an exchange of sex for money – has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when […]

Clare Huntington, ‘The Institutions of Family Law’

ABSTRACT Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional […]

Abiri-Franklin and Olugasa, ‘Succession Planning and Women Inclusion in Family Businesses’

ABSTRACT Purpose: This study assesses succession planning and women’s inclusion in family businesses in Nigeria. It shows the extent of the challenges of succession planning and women’s inclusion and the advantages that follow if the problem is corrected. Methodology: A survey research design was employed. Using a close-ended questionnaire data were collected from owners of […]

‘What If Johnny Depp and Amber Heard Had a Premarital Agreement?’

“The public has been captivated by the $50 million defamation lawsuit between Johnny Depp and Amber Heard over an op-ed Heard wrote in 2018 alleging she was the victim of domestic abuse. It has been six years since Heard filed for divorce, and their split continues to be caught up in litigation and controversy …” […]

What’s new in EU family law? Conference on the Brussels IIb Regulation, 8 September 2022

“This high-level conference aims to draw attention to the novelties and important changes introduced by the Brussels IIb Regulation, which enters into application on 1 August 2022, and to provide a forum for an exchange of views with legal practitioners on cross-border family disputes involving children in the European Union. The conference will provide participants […]

Lydia Bracken, ‘Recognition of LGBTQI+ parent families across European borders’

ABSTRACT The legal recognition of LGBTQI+ parent families differs considerably across Europe and is a matter that is largely outside of the remit of EU law. This creates difficulties for LGBTQI+ parent families who cross European borders as legal parent-child relationships established in one Member State may not be recognized in another, resulting in limping […]

Leon Vincent Chan, ‘Trends in the Division of Matrimonial Property Based on Contribution: An Empirical Case Study Based on the Structured Approach in Singapore’

ABSTRACT Different jurisdictions have adopted different approaches to the division of matrimonial properties. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to […]