The House of Lords decision in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 edges us closer to a community of property approach to ancillary relief on divorce where assets exceed needs.
Drawing on an empirical project funded by the Nuffield Foundation, this paper will consider whether discretion has had its day and should be ...
The House of Lords decision in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 edges us closer to a community of property approach to ancillary relief on divorce where assets exceed needs.
Drawing on an empirical project funded by the Nuffield Foundation, this paper will consider whether discretion has had its day and should be replaced by a formal community of property regime in England and Wales.