By Jonathan Herring
This textbook offers a carefully-planned advent to the foremost concerns and debates inside of family members legislations from a number of the best gurus inside of their field.
content material: creation 1. Marriage and divorce: the legislation of intimacy, Stuart Bridge 2. department of estate upon dating breakdown, Louise Tee three. family violence: the public-private divide and sufferer autonomy, Joanna Miles four. mom and dad and youngsters, Jonathan Herring five. Public legislations kid's instances: whose determination is it anyway?, Bridget Lindley, Jonathan Herring and Nicola Wyld 6. Adoption legislations: a stability of pursuits, Caroline Bridge
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This textbook offers a carefully-planned advent to the major concerns and debates inside kinfolk legislations from a few of the top professionals inside their box. content material: advent 1. Marriage and divorce: the rules of intimacy, Stuart Bridge 2. department of estate upon courting breakdown, Louise Tee three.
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Extra resources for Family law : issues, debates, policy
Midland Bank Trust Co Ltd v. Green (No 3),  Ch 529, pp. R. 34 It is, however, difficult to identify any other areas of common law or statute law where rules clearly derived from the doctrine of unity remain. ’38 Beyond that, as the texts concede, it is difficult to be precise, and even thus far there is vagueness and uncertainty. Consortium is based on an anachronistic and gender-biased vision of marriage, where the husband was entitled not only to the wife’s company, but also to her services both domestic and sexual.
66(1), Sch. 8, para. 9(3)(b) was to have amended s. 25 to require the court to have regard to conduct ‘whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be) dissolution or annulment of the marriage’. Other provisions of the Family Law Act 1996 which would have resulted in an analysis of marital conduct were s. 10(2) (orders preventing divorce may be made only if it would be wrong, in all the circumstances including the conduct of the parties, for the marriage to be dissolved) and, less directly, s.
Indeed, the deference to individual choice is strengthened, the pluralistic choices themselves legitimised, by the state’s readiness to enforce private expectations or resolve private disputes at the behest of one of the parties to the relationship. 82 ‘Contractual Ordering of Marriage: A New Model for State Policy’ (1982) 70 California Law Review 204. Marriage and divorce: the regulation of intimacy 27 There are limits to Shultz’s enthusiasm. She accepts that terms in marital contracts which deal with ‘non-economic’ personal matters where the invocation of the court would be inappropriate should not necessarily be enforceable.
Family law : issues, debates, policy by Jonathan Herring