One issue that has dominated the family law reports for the last decade is how the assets of divorcing couples should be divided. The short answer is simple: the assets should be divided in a fair way. However, that is only the start of the debate, because fairness is a hotly contested notion in this context. One answer might be that each couple should decide this for themselves, in line with the emphasis on private ordering. However, doing so may lead to a contract which is not regarded generally as fair. Before considering whether individuals should be able to specify and limit the extent of their obligations towards each other, we should consider why the law intervenes in this area at all.
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- Division of Assets on Separation
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