Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
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This article asks why cohabitants do not marry, when it would seem to be advantageous for them to do so. First, we examine the influence of the 'common law marriage myth', the mistaken but widespread...
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'A princely marriage is the brilliant edition of a universal fact, and as such it rivets mankind'. So proclaimed Walter Bagehot upon the marriage of the future Edward VII in 1863; so quoted the...
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This article contends that two key factors were always likely to exert a restraining influence on the use of the Human Rights Act 1998 in family law cases: (i) a strong resistance to rights-based...
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An examination of whether provisions in the Domestic Violence, Crime and Victims Act 2004, designed to prevent parents and others 'getting away' with the unlawful killing of children, will achieve the...
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This article explores the potential use the Human Rights Act 1998 in the field of mental health. It is the text of the Paul Sieghart Memorial Lecture, presented at the British Institute of Human...
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For more than 50 years the English courts, in particular the House of Lords and the Court of Appeal, have been striving to reach a satisfactory and sustainable theory on which to base the inference...
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Given the disparity in the protection provided by the legal framework to those who marry and those who cohabit, and recent discussion of the lack of awareness of these differences, this paper sets...
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This article will report on the views and experiences of key professionals involved in post-Children (NI) Order 1995 care order proceedings. Adopting a child welfare perspective, this article will...
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This article considers the imposition by the courts of a parental duty to consult on matters of importance in a child's life. The results of a survey of 2,300 respondents, who were asked to respond...
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In the light of recent research findings from developmental psychology which point to the need to take account of children's views and perceptions of inter-parental conflict, this article raises...
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