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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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July 2006

July 2006

Clean Break under Attack

Chapter:
(p.155) Commentary No 29: July 2006
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0029

In the House of Lords decision of Miller v Miller, McFarlane v McFarlane [2006] UKHL 24 the English rules on financial provision on divorce were clarified and made, in the judges’ eyes at least, fairer. The Scottish judge in the case, Lord Hope, expressed the view that to achieve a similar fairness in Scotland the Scottish legislation would require amendment. This commentary disagrees with that suggestion.

Keywords:   Financial provision on divorce, Discretion or certainty, Clean-break settlement, Fairness, Economic disadvantages and compensation

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