LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
Miles Geffin, Professional Support Lawyer, Mishcon de Reya
The extent to which, in any circumstances, the judiciary has a mandate to shift the constitutional boundary between Parliament and the courts on issues of public policy is a highly controversial question. Where is the line to be drawn between, on the one hand, legitimate judicial interpretation and, on the other, improper judicial legislation? This article considers whether the courts have any legitimate authority to create a principle of equal sharing of assets on divorce and then, reactively, to recognise and enforce the terms of pre-nuptial agreements.
For the full article, see June  Family Law journal.
To log on to Family Law Online or to request a free trial click here.
Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...