Family
Aug. 3, 2016
Increased family law flexibility doesn't protect vulnerable parties
While the growth of more choice and flexibility in family law is a cause for celebration, the developing legal regime fails to protect more vulnerable parties from strategic and opportunistic behaviors.
Everybody agrees that over the past two decades family law has become more pluralistic. Pluralism, in the sense I use here, means that the law affords more choice to more types of couples to tailor the financial obligations stemming from their relationships in the way that best suits their relationships. Generally, two developments contributed to this pluralistic progression: one, more institutions for registration of relationships (e.g., civil unions, domestic partnerships); two, more typ...
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