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Author: David Burrows
Publisher: Jordan Publishing (GB)
ISBN:
Category : Law
Languages : en
Pages : 116
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Author: Shelley Day Sclater
Publisher: Taylor & Francis
ISBN: 1351943286
Category : Family & Relationships
Languages : en
Pages : 246
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Book Description
Several jurisdictions have attempted to render divorce more harmonious by abolishing matrimonial 'fault' and facilitating the resolution of divorce disputes by mediation. This book presents a challenge to the underlying assumptions that 'conflict' and the adversarial system are undesirable, particularly topical in the light of the recent decision of the British Government to postpone the implementation of the Family Law Act 1996 and the acknowledged need for research to inform policy.
Author: Shelley Day Sclater
Publisher: Routledge
ISBN: 042951591X
Category : Law
Languages : en
Pages : 344
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Book Description
Published in 1999. Despite considerable comment about divorce reform and the post-divorce family, in the press and in academia, by professionals and politicians, much has been left unsaid. There are 'undercurrents' of divorce which are not visible and are not discussed because they do not fit into the dominant discursive framework for talk about divorce. This book brings these undercurrents to the surface and does two things. It explains how and why aspects of divorce and the lives of those divorcing, have become marginalized in professional and political discussion and it makes visible the practical and legal effects of such exclusion. It argues that there are good policy reasons for this particular socio-legal critique at this time, as the implementation of the Family Law Act 1996 gets underway.
Author: Andrew Agapiou
Publisher: Ethics International Press
ISBN: 180441087X
Category : Law
Languages : en
Pages : 264
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Book Description
Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 858
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Author: Joanna Miles
Publisher: Bloomsbury Publishing
ISBN: 1847315275
Category : Law
Languages : en
Pages : 340
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Book Description
With many couples separating each year, the question of how to determine the financial and property consequences of such separation has always been a problem area within family law. Should the principles be the same for married and cohabiting couples? Should the division of assets reflect the parties' own expectations or norms imposed by society? These are just two of the questions which the essays in this collection seek to explore. Recent cases in the House of Lords have seen willingness on the part of the judges to seek out empirical studies to inform their deliberations, but if the law is to engage with empirical data then much more information is needed, both about the arrangements people make during their relationships, and about the impact of the law when a relationship breaks down. This inter-disciplinary work brings together leading academics in the fields of law, economics, sociology and psychology in an attempt to provide some of the missing empirical information. Part I sets out the legal framework and identifies the importance of empirical studies for this area. Part II examines how couples (whether cohabitants or spouses) manage their money during their relationships. Part III then considers the impact that the law currently has on separating couples - examining how legal principles translate into reality and what their consequences are for the parties. Finally, Part IV considers the issue of legal rationality: it may be rational for the law to be shaped by patterns of behaviour, but how far will individual couples allow their behaviour to be shaped by the law?
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 0117302651
Category : Law
Languages : en
Pages : 380
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Book Description
This consultation paper considers options for reform of the current law in relation to the property and financial rights of cohabiting couples (either opposite-sex or same-sex couples) when a relationship ends. Although the paper does discuss the situation in relation to when one of the partners dies, it focuses on whether a new scheme is needed to provide financial remedies on separation when a relationship breaks down. Amongst the provisional proposals, the Committee identifies the need for the introduction of new statutory remedies to address the separation of cohabiting couples who have children; however the situation for cohabitants without children is found to raise more difficult social policy questions and the views of consultees are sought about their eligibility within the proposed scheme. Other proposals include: that courts should be given discretion in determining financial claims on separation (rather than having fixed rules for property division) based on principles of the contributions of both parties to the joint household and to the welfare of dependent children both before and after separation; with the provision for an opt-out agreement for couples under the proposed statutory scheme. Responses to the proposals should be received by 30th September 2006 and a final report is due to be published by August 2007. An overview document summarising the key issues considered is available separately (ISBN 011730266X).
Author: Alison Diduck
Publisher: Cambridge University Press
ISBN: 9780406967336
Category : Law
Languages : en
Pages : 278
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Book Description
Examining the diversity of perspectives and approaches in family law scholarship and drawing upon this work, this book provides an analysis of recent trends in family law from a socio-legal and feminist perspective, and questions the nature of the 'nuclear' family.
Author: Frances Burton
Publisher: Routledge
ISBN: 1136292470
Category : Law
Languages : en
Pages : 516
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Book Description
Family Law is an accessible, student-friendly textbook which provides a comprehensive foundation in the key topics covered by undergraduate and CPE/GDL courses. Written with clarity, Family Law offers an introduction not just to the black-letter law but also to the social, economic and historical developments that have helped to shape it, considering key academic debates and areas of controversy at the end of each chapter. Authored by a highly experienced lecturer, Family Law is structured in two parts around family law and child law, the framing areas of the common syllabus. Developed with all the latest legislative developments and case law in mind, including the Human Fertilisation and Embryology Act 2008, R (A child) [2009], Radmacher v Granatino [2009] and Re AR (A Child: Relocation) [2010], this is the ideal textbook for all students of family or child law today. Student-friendly features include: outline contents at the beginning of each chapter which provide students with a context as they read bulleted summaries at the end of each chapter which highlight and reinforce the key concepts further reading lists which point students towards contemporary sources for more detailed study an introduction to the key academic debates and areas of controversy, helping students to deepen their critical evaluation of the subject a free Companion Website, which offers students the opportunity to test their own understanding and apply their knowledge to a set of hypothetical problem-based questions. In addition, revision podcasts will prove invaluable as exam time approaches.
Author:
Publisher:
ISBN:
Category : Legal services
Languages : en
Pages : 936
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Author:
Publisher:
ISBN:
Category : Power resources
Languages : en
Pages : 1696
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