Journal Article

Why Financial Orders on Divorce should be Unfair

Jonathan Herring

in International Journal of Law, Policy and the Family

Volume 19, issue 2, pages 218-228
Published in print August 2005 | ISSN: 1360-9939
Published online August 2005 | e-ISSN: 1464-3707 | DOI:
Why Financial Orders on Divorce should be Unfair

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This contribution examines the state or community interests in financial arrangements on divorce. It argues against regarding ancillary relief cases as ‘private’ matters or justifying the courts’ jurisdiction by analogy to claims based on contract or tort. It outlines eight different interests society may have in financial orders that are made on divorce. Such orders should not, therefore, be regarded as simply a matter of seeking to achieve fairness as between the parties themselves.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

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