Discusses the comments made by the Scottish judge on the House of Lords Appellate Committee, Lord Hope of Craighead, in the judgment in Miller v Miller, an English ancillary relief claim, that the Scottish clean break principle provided by the Family Law (Scotland) Act 1985 s.9(1) is unfair to spouses experiencing a significant drop in their standard of living and should offer the flexibility available to the English courts. Considers the validity of Lord Hope's criticisms.
|Number of pages||3|
|Journal||Journal of the Law Society of Scotland|
|Publication status||Published - 2006|
- clean break
- financial provision
- Scots law