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Compare and contrast the manner in which equitable principles have been used as a means of resolving property disputes between co-habitees in this jurisdiction and in England.
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"Compare and contrast the manner in which equitable principles have been used as a means of resolving property disputes between co-habitees in this jurisdiction and in England. Identify what you perceive to be the strengths and the weaknesses of these different approaches and briefly suggest any improvements which might be taken on board by the Irish courts in resolving disputes of this nature." It is first important to note at the onset that in the context of property disputes between spouses, the property rights are subject to the courts wide discretionary powers pursuant to the judicial Separation Reform Act 1989, which allows the courts to make property adjustment orders subject to specific factors which the court must have regard to in resolving a dispute. Also of relevance is the Matrimonial Home Bill, 1993, which was referred to the Supreme Court by former president Mary Robinson, on the grounds that matrimonial property...
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