The Stuff of Life – Is there a place for equity in divorce? (September 2003, Simon Edwards)

The Stuff of Life – Is there a place for equity in divorce? (September 2003, Simon Edwards)


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No, this is not another article about White v White (the landmark House of Lords case that decided that the starting point for the division of assets on divorce was equality).  Instead I propose to examine whether the courts should in any circumstances impose trusts to aid the implementation of financial orders made in divorce proceedings.  The question is, perhaps, of less general interest than that discussed in White v White but raises difficult issues when, as not uncommonly happens, bankruptcy intervenes between the time at which an order is made and when it is carried out.


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