Download Family law : issues, debates, policy by Jonathan Herring PDF
By Jonathan Herring
This textbook presents a carefully-planned creation to the foremost matters and debates inside of kin legislations from many of the major specialists inside of their field.
content material: advent 1. Marriage and divorce: the law of intimacy, Stuart Bridge 2. department of estate upon courting breakdown, Louise Tee three. household violence: the public-private divide and sufferer autonomy, Joanna Miles four. mom and dad and kids, Jonathan Herring five. Public legislation kid's situations: whose choice is it anyway?, Bridget Lindley, Jonathan Herring and Nicola Wyld 6. Adoption legislations: a stability of pursuits, Caroline Bridge
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Sample text
They expressed reservations on the effect of such agreements on the stability of the marriage they were seeking to regulate, in that they might condition the couple to the failure of their marriage and thereby help to precipitate it. They recognised that both prenuptial agreements and post-nuptial agreements would be likely to be entered into at a moment of ‘extreme emotional susceptibility’ (just prior to marriage, soon after final marital breakdown, or possibly at the time of post-marital reconciliation), and therefore identified the need for protection of the parties: 93 94 Edgar v.
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.
30 This doctrine, favoured by Blackstone31 and applied intermittently to justify certain restraints on the legal capacity of married women, was never universally accepted as a ‘consistently operative principle’,32 and gradually its illiberal traits were dealt with. Thus from the late nineteenth century onwards, wives slowly emerged from the class of ‘persons under a disability’ which they had occupied together with bankrupts, infants and lunatics and achieved gradual recognition as legal persons in their own right.