Chapter

Matrimonial Rights and Obligations

Flavia Agnes

in Family Law Volume 2

Published in print January 2012 | ISBN: 9780198072201
Published online September 2012 | e-ISBN: 9780199081301 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198072201.003.0002
Matrimonial Rights and Obligations

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This chapter estimates the movement within family laws from the sacramental premises of ‘love and honour’, ‘obedience and subservience’, and ‘duties and obligations’, to modern frames of ‘rights and entitlements’. The various nuances and the ordeal of accessing justice are dealt. It then covers the right to matrimonial property. The right to reside in the matrimonial home and the right to a financial settlement at the termination of marriage are the two distinct rights which are underlying the marriage contract. It is noted that women will choose to leave economic advantages during divorce settlements to obtain sole custody of their children. The connections between a woman’s claim of child custody and the dependency it produces while evolving a framework for property division poses a challenge to the equality model of marriage as partnership.

Keywords: matrimonial rights; marriage; justice; divorce settlements; child custody; matrimonial property; matrimonial obligations

Chapter.  93286 words. 

Subjects: Family Law

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