Now showing items 1-9 of 9
Relational theory and choice rhetoric in the Supreme Court of Canada
The issue of personal choice has become central to Canadian family law. Much of the debate derives from the competing models of autonomy posited by neoliberal and feminist theorists. Neoliberalism, which currently dominates ...
Family law and the corporate veil: accessing company assets on marital breakdown after Prest v. Petrodel Resources Ltd
(Dublin University Law Journal, 2014)
When, if ever, can a company’s assets be used to meet the family law liabilities of private persons? This question has arisen infrequently in Irish law, perhaps because family lawyers tend to assume that assets held by ...
"Proper provision" and "Property Division": Partnership in Irish matrimonial property law in the wake of T v. T.
(Roundhall Sweet & Maxwell, 2004)
The issue of how best to regulate matrimonial property is a vexed and recurring one in Irish law. This is not only due to the necessarily conflicting interests that must be resolved: how best to provide for spouses and ...
The conveyancing conundrum: Reviewable dispositions and the in camera rule. I
(Roundhall Sweet & Maxwell, 2003)
Irish matrimonial property division in practice: a case study
(Oxford University Press, 2007)
This article analyses patterns of property division on marital breakdown in Ireland. At present, little information is available on the operation of marital breakdown legislation (the Family Law Act 1995 and the Family Law ...
Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino
(Round Hall Sweet & Maxwell, 2011-04)
Irish law makes little reference to the principle of self-determination in relation to financial provision on matrimonial breakdown. The Family Law Act 1995 and the Family Law (Divorce) Act 1996 place some emphasis on ...
European Family Law: the Beginning of the End for "Proper" Provision?
European law has become increasingly relevant to Irish family law issues. The measures in question are wide-ranging, covering matters as diverse as the enforcement of maintenance decisions in other Member States, the ...
Matrimonial property and Irish law: a case for community.
(Incorporated Law Society of Northern Ireland, 2002)
Family property is a primary area of contention in property law. If spouses only have rights in relation to property to which they can show legal or beneficial title, they may be left unprotected in the event of marital ...
Autonomy and prenuptial agreements in Ireland: A relational analysis
(Cambridge University Press, 2018-04-03)
Unlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding ...