The question is –
The discretionary powers conferred on the court by the amended ss 23-25A of the Matrimonial Causes Act 1973 to redistribute the assets of spouses are almost limitless. (Waite LJ, Thomas v Thomas [1995] 2 FLR 668: 670)
Should a set of precise principles be devised to confine these discretionary powers?
Referencing style for this essay is Oscola.
Reading materials suggested for the essay:
S. Gilmore, L. Glennon, Hayes and William’s Family Law, 5th ed (OUP, 2016)
R. George, P. Harris, J. Herring, ‘With this ring I thee wed (terms and conditions apply)’ [2011] Family Law 367
J. Herring, R. Probert, S. Gilmore, Great Debates in Law: Family Law, 2nd ed (Palgrave, 2015), Chapter 11 (Division of Assets on Separation)
Deech (1990) Divorce Law and Empirical Studies LQR 106(Apr): 229-245
