Marital Agreements
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Marital Agreements And Private Autonomy In Comparative Perspective
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Author : Jens M Scherpe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-24
Marital Agreements And Private Autonomy In Comparative Perspective written by Jens M Scherpe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-24 with Law categories.
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
Marital Agreements
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Author : Linda J. Ravdin
language : en
Publisher:
Release Date :
Marital Agreements written by Linda J. Ravdin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Cohabitation agreements categories.
"... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce"--Portfolio description.
Prenuptial Agreements And The Presumption Of Free Choice
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Author : Sharon Thompson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
Prenuptial Agreements And The Presumption Of Free Choice written by Sharon Thompson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
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.
Attacking And Defending Marital Agreements
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Author : Laura W. Morgan
language : en
Publisher: American Bar Association
Release Date : 2001
Attacking And Defending Marital Agreements written by Laura W. Morgan and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Drafting Prenuptial Agreements
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Author : Gary N. Skoloff
language : en
Publisher: Wolters Kluwer
Release Date : 1995-12-31
Drafting Prenuptial Agreements written by Gary N. Skoloff and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-12-31 with Law categories.
Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!
Matrimonial Property Needs And Agreements
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2012-09-11
Matrimonial Property Needs And Agreements written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-11 with Law categories.
Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
Prenups For Lovers
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Author : Arlene Dubin
language : en
Publisher: Villard
Release Date : 2001-06-01
Prenups For Lovers written by Arlene Dubin and has been published by Villard this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-01 with Family & Relationships categories.
This ring-to-altar guide is a valentine to anyone who’s dating, contemplating marriage, living with someone, or engaged. In Prenups for Lovers, family-law attorney Arlene G. Dubin describes how prenuptial agreements stimulate communication and compromise, enhancing the prospects for a happy marriage. In addition to defending the much-maligned prenup, Ms. Dubin offers a wise and witty handbook for negotiating an agreement, including: how to pop the “P” word, and how to respond if it’s popped to you; checklists to make sure there will be no court after the courtship; real-life profiles and celebrity tidbits special sections for young people, women, entrepreneurs, and cohabitants; tips for married couples (because it’s never too late). Every bride and groom will say “I do” to prenups after reading this book.
Premarital Agreements
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Author : Linda J. Ravdin
language : en
Publisher: American Bar Association
Release Date : 2017
Premarital Agreements written by Linda J. Ravdin and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Premarital Agreements, Second Edition is an updated clearly written primer that focuses on the fundamentals involved in negotiating and drafting these agreements, explaining the most critical aspects involved in creating a premarital agreement. A premarital agreement is a contract between prospective spouses made in contemplation of marriage. Historically courts refused to enforce premarital agreements at divorce, believing that such contracts made divorce too easy. That began to change in the early 1970s until every state, by statute or case law, permitted prospective spouses to predetermine in a premarital agreement their rights to property at divorce and, in the majority of states, to fix or waive the right to support.
I Do You Do But Just Sign Here
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Author : Scott N. Weston
language : en
Publisher: ExecuProv Press
Release Date : 2004-03
I Do You Do But Just Sign Here written by Scott N. Weston and has been published by ExecuProv Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03 with Divorce categories.
Easy to Read Guide on cohabitation, prenuptial and postnuptial marital contracts, containing worksheets and samples of real-life agreements.
Prenuptial Agreements
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Author : Katherine Stoner
language : en
Publisher: Nolo
Release Date : 2019-10-15
Prenuptial Agreements written by Katherine Stoner and has been published by Nolo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Family & Relationships categories.
Plan today for peace of mind tomorrow Marriage is so much more than a great wedding. It’s also a legal contract that binds two people together in many aspects of life, including finances. If you and your spouse can’t agree on how to divide assets in the event of a split, the state may end up deciding that for you. Fortunately, you can create a customized prenuptial agreement that addresses your concerns, including: Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. This easy-to-use book covers: protecting each other from debts taking care of children from a previous marriage clarifying financial responsibilities protecting hard-earned assets and much more Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining the foundations of a solid contract. The 6th edition is completely updated to provide the latest laws of your state and includes instructions any couple can use to write a clear agreement. With Downloadable Forms: Easy-to-use worksheets and essential agreement clauses that help you get organized are available for download (details inside).