Marital Agreements And Private Autonomy In Comparative Perspective
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| Author | : Jens M Scherpe |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 532 |
| Release | : 2012-02-24 |
| Genre | : Law |
| ISBN | : 1847318851 |
This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
| Author | : Jens M Scherpe |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 636 |
| Release | : 2012-02-24 |
| Genre | : Law |
| ISBN | : 184731886X |
This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
| Author | : Margaret Briggs |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 533 |
| Release | : 2024-06-05 |
| Genre | : Law |
| ISBN | : 1802204687 |
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
| Author | : Sharon Thompson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 246 |
| Release | : 2015-08-27 |
| Genre | : Law |
| ISBN | : 1782255583 |
This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.
| Author | : Eva-Sabine Zehelein |
| Publisher | : transcript Verlag |
| Total Pages | : 217 |
| Release | : 2020-07-31 |
| Genre | : Social Science |
| ISBN | : 3839450616 |
Is the family in crisis? Or do crises crystallize in families' lived realities? Families as constitutive units of all social architectures are central to our democracies. In this book, scholars from cultural, gender, and media studies, lawyers, sociologists, and historians discuss how today's rainbow variety of families crosses borders and how cultural texts - films, TV-series, novels, short stories and magazines, from Europe (Germany, Italy, Spain) and the US - (de-)construct, take part in, and mirror family discourses around topics such as father(hood)s, mother(hood)s and parentage, reproductive decisions and adoption, marriage and divorce, poverty and welfare, and the rhetoric of the nuclear family.
| Author | : Jens M. Scherpe |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 417 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 1785363034 |
The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
| Author | : Mavis Maclean |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 259 |
| Release | : 2016-02-25 |
| Genre | : Law |
| ISBN | : 1509904840 |
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
| Author | : John Eekelaar |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 238 |
| Release | : 2013-06-03 |
| Genre | : Law |
| ISBN | : 1782251588 |
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
| Author | : Jens M. Scherpe |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 181 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 1785363077 |
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
| Author | : Susan Millns |
| Publisher | : Taylor & Francis |
| Total Pages | : 205 |
| Release | : 2017-07-14 |
| Genre | : Law |
| ISBN | : 1317000072 |
At a time of global and domestic economic crisis, the financial aspects of domestic and familial relationships are more important and more strained than ever before. The focus of this book is on the distribution of wealth and poverty in traditional and non-traditional familial relationships. The volume takes an interdisciplinary approach to explore the way in which money matters are structured and governed within close personal relationships and the extent to which they have an impact on the nature and economic dynamics of relationships. As such, the key areas of investigation are the extent to which participation in the labour market, unpaid caregiving, inheritance, pensions and welfare reform have an impact on familial relationships. The authors also explore governmental and legal responses by investigating the privileging of certain types of domestic relationships, through fiscal and non-fiscal measures, and the differential provision on relationship breakdown. The impact of budget and welfare cuts is also examined for their effect on equality in domestic relationships.
