Marital Property Agreements
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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 (
Matrimonial Property Needs And Agreements
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Author : Great Britain: Law Commission
language : en
Publisher: Stationery Office
Release Date : 2014-03-04
Matrimonial Property Needs And Agreements written by Great Britain: Law Commission and has been published by Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-04 with Law categories.
The law gives the courts a wide discretion to make appropriate financial orders when marriages and civil partnerships are dissolved. An important element of those awards is meeting both parties' 'financial needs'. There is evidence of regional inconsistencies in how the courts approach awards for needs which creates unpredictability. And while the law is largely well-understood by family lawyers, it is not clear to the general public. This report recommends that the Family Justice Council produce authoritative guidance on financial needs which would also help to reinforce consistency to how the law is applied in the courts. Some jurisdictions have gone beyond explanation and verbal clarification, producing formulae that generate guideline amounts for payment from one former spouse to another. This report recommends that work be done with a view to assessing whether such an aid to reaching financial settlements could be devised. Pre-nuptial and post-nuptial agreements (referred to together here as 'marital property agreements') cannot be enforced as contracts and they cannot take away the courts' powers to make orders. This report recommends that legislation be enacted to introduce 'qualifying nuptial agreements'. These would be enforceable contracts, not subject to the scrutiny of the courts, which would enable couples to make binding arrangements about the financial consequences of divorce or dissolution. In order for an agreement to be a 'qualifying' nuptial agreement, certain procedural safeguards would have to be met. This report includes a draft Bill, the Nuptial Agreements Bill, which would introduce qualifying nuptial agreements
Marital Property Agreements
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Author : Great Britain: Law Commission
language : en
Publisher: Stationery Office
Release Date : 2011-01-11
Marital Property Agreements written by Great Britain: Law Commission and has been published by Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-11 with Law categories.
This consultation asks the public's views on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements - contracts made by couples before or during their marriage or civil partnership that are intended to govern their financial arrangements if the relationship ends. Such agreements have attracted considerable attention in recent months after the judgment of the Supreme Court in Radmacher v Granatino, which went further than ever before in recognising their significance. But the Supreme Court's decision was made in the context of the existing legislation. As it stands, the law does not allow a couple to prevent each other from asking the courts to decide how their property should be shared. And it is still down to the courts to decide on a case-by-case basis how much weight to give to any agreement the couple may have made. In many cases this can offer important protection but it can also lead to uncertainty and expensive litigation and there have been calls for statutory reform. The Law Commission is now asking whether the current legislation - which is a generation old - provides the right basis for determining the effect of marital property agreements, or whether a new approach is needed. Could reform bring more autonomy and certainty to couples who want to enter into such agreements, while retaining sufficient safeguards to protect vulnerable spouses and children?
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
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!
Principles Of European Family Law Regarding Property Relations Between Spouses
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Author : Katharina Boele-Woelki
language : en
Publisher:
Release Date : 2013
Principles Of European Family Law Regarding Property Relations Between Spouses written by Katharina Boele-Woelki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Divorce categories.
The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)
Marital Property
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Author :
language : en
Publisher:
Release Date : 1968
Marital Property written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Community property categories.
Marital Property Agreements The Family And The Law
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Author : Marie Louise Parker
language : en
Publisher:
Release Date : 2012
Marital Property Agreements The Family And The Law written by Marie Louise Parker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Marital Property Agreements
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Author : Terrance P. Warren
language : en
Publisher:
Release Date : 1988-01-01
Marital Property Agreements written by Terrance P. Warren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-01 with Marital property categories.
Prenuptial Agreements
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Author : Katherine Stoner
language : en
Publisher: Nolo
Release Date : 2022-11-07
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 2022-11-07 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 and debts in the event of a split, the state might end up making decisions for you. Fortunately, you can use the guidance and forms in this book to create a customized prenuptial agreement that addresses how to: shield each other from debts take care of children from a previous marriage clarify financial responsibilities protect 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 7th edition is completely updated to provide the latest laws of your state and includes instructions any couple can use to write a clear agreement.
