Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 16-18 |
| Number of pages | 3 |
| Journal | Journal of the Law Society of Scotland |
| Volume | 51 |
| Issue number | 7 |
| Publication status | Published - 2006 |
Keywords
- clean break
- divorce
- financial provision
- Scotland
- Scots law