Community of Property - The Logical Response to Miller and McFarlane?
Bracton Law Journal (2007) Vol. 39: 19-34
Posted: 30 May 2012
Date Written: 2007
The House of Lords decision in Miller v. Miller; McFarlane v. McFarlane  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
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