"Proper provision" and "Property Division": Partnership in Irish matrimonial property law in the wake of T v. T.
Buckley, Lucy Ann
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Buckley, L. A. (2004). ¿Proper provision¿ and ¿Property Division¿: Partnership in Irish matrimonial property law in the wake of T v. T. Irish Journal of Family Law, 3, 8-15.
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 children in a fair and just manner, out of (usually) quite limited resources, while respecting the rights of third parties such as new partners and creditors, is not easy to determine. Much of our answer depends on our approach to marriage itself, as how we view the marital relationship impacts directly on the system of property regulation we adopt. This may seem trite, yet the view Irish law takes of marriage, let alone of matrimonial property, is far from clear. Current law appears to demonstrate conflicting understandings and values at different stages of the marital relationship, leading to a complex and inconsistent approach to the issue of marital property. In particular, the apparently contradictory views of partnership or sharing principles within the marital relationship is the cause of major confusion within the legislative approach to the issue of matrimonial property rights. 2 [ In fact, as will be argued, the legislative intent appears relatively consistent, although the legislative outcome may not be. ] Although some light may have been shed on the judicial view of matrimony by the recent Supreme Court decision in T v T, [ Unreported, Supreme Court, October 14, 2002. ] the legislative contradictions in this area remain problematic.
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