You and me against the world: Marriage and divorce from creditors’ perspective

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2 Scopus citations

Abstract

Legal regulation of families has two aspects. The first defines the rights and obligations of family participants inter se. It addresses who may marry or otherwise form a legally recognized family and resolves issues that arise when that family breaks up. The second aspect addresses the effect of legal family status on the participants' relationships with outsiders such as credit card issuers, tort claimants, taxing authorities, and medical care providers. The Principles focus exclusively on the inter se relationships of family members with each other, particularly with respect to responsibility for and financial support of dependent family members. The Principles do not address individual family members' relationships with their creditors, either during marriage or following divorce. This omission is understandable. As an academic subject, family law addresses family relationships. The interaction of family members with outsiders is addressed in other areas of law, for example contract, tort, and tax law. Although it makes sense that the Principles do not consider the external effect of family relationships, it is a mistake to infer that changes in family law will have no ramifications outside the family on credit relationships. The predominant focus of this volume is on how the Principles would affect family members' relationships with each other. This chapter takes a different approach and considers how legal regulation of marriage appears from the outside looking in.

Original languageEnglish (US)
Title of host publicationReconceiving the Family
Subtitle of host publicationCritique on the American Law Institute's Principles of the Law of Family Dissolution
PublisherCambridge University Press
Pages195-207
Number of pages13
ISBN (Electronic)9780511617706
ISBN (Print)0521861195, 9780521861199
DOIs
StatePublished - Jan 1 2006

All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

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    Reilly, M. T. (2006). You and me against the world: Marriage and divorce from creditors’ perspective. In Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution (pp. 195-207). Cambridge University Press. https://doi.org/10.1017/CBO9780511617706.012