Community of Property - The Logical Response to Miller and McFarlane?

Bracton Law Journal (2007) Vol. 39: 19-34

Posted: 30 May 2012

See all articles by Anne Barlow

Anne Barlow

University of Exeter - School of Law

Date Written: 2007

Abstract

The House of Lords decision in Miller v. Miller; McFarlane v. McFarlane [2006] UKHL 24 edges us closer to a community of property approach to ancillary relief on divorce where assets exceed needs. Drawing on an empirical project funded by the Nuffield Foundation, this paper will consider whether discretion has had its day and should be replaced by a formal community of property regime in England and Wales.

Keywords: Community of Property, Ancillary Relief, Financial Provision on Divorce

Suggested Citation

Barlow, Anne Elizabeth, Community of Property - The Logical Response to Miller and McFarlane? (2007). Bracton Law Journal (2007) Vol. 39: 19-34. Available at SSRN: https://ssrn.com/abstract=2070163

Anne Elizabeth Barlow (Contact Author)

University of Exeter - School of Law ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

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