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Family Law Volume 2Marriage, Divorce, and Matrimonial Litigation$
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Flavia Agnes

Print publication date: 2012

Print ISBN-13: 9780198072201

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198072201.001.0001

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Matrimonial Rights and Obligations

Matrimonial Rights and Obligations

Chapter:
(p.117) 2 Matrimonial Rights and Obligations
Source:
Family Law Volume 2
Author(s):

Flavia Agnes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198072201.003.0002

This chapter estimates the movement within family laws from the sacramental premises of ‘love and honour’, ‘obedience and subservience’, and ‘duties and obligations’, to modern frames of ‘rights and entitlements’. The various nuances and the ordeal of accessing justice are dealt. It then covers the right to matrimonial property. The right to reside in the matrimonial home and the right to a financial settlement at the termination of marriage are the two distinct rights which are underlying the marriage contract. It is noted that women will choose to leave economic advantages during divorce settlements to obtain sole custody of their children. The connections between a woman’s claim of child custody and the dependency it produces while evolving a framework for property division poses a challenge to the equality model of marriage as partnership.

Keywords:   matrimonial rights, marriage, justice, divorce settlements, child custody, matrimonial property, matrimonial obligations

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