Clean break under attack

Research output: Contribution to journalArticle

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 languageEnglish
Pages (from-to)16-18
Number of pages3
JournalJournal of the Law Society of Scotland
Volume51
Issue number7
Publication statusPublished - 2006

Keywords

  • clean break
  • divorce
  • financial provision
  • Scotland
  • Scots law

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