Prenuptial Agreements And The Presumption Of Free Choice
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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.
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.
Family Law Reform Now
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Author : Charlotte Bendall
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-11-14
Family Law Reform Now written by Charlotte Bendall and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-14 with Law categories.
This collection provides a snapshot of big ideas in family law reform. The book asks: if you could change one part of family law, what would it be? This deceptively simple question is answered by 10 family law experts and debated within the volume by expert respondents. The book puts the proposal first, forcing authors (and their respondents) to critically engage with what family law should look like, and where the development of law is needed to address the changing landscape of family life. Cultural and religious plurality, the use of technology, and changes in societal attitudes have all had an impact on the continuing evolution of families. As a consequence, the law has some complex challenges to address in its attempt to regulate familial diversity. This book is an invaluable resource for scholars of family law, practitioners, policymakers, or anyone more broadly interested in family law reform, and serves as a companion to Hart Publishing's landmark Criminal Law Reform Now.
Philosophical Foundations Of Children S And Family Law
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Author : Elizabeth Brake
language : en
Publisher: Oxford University Press
Release Date : 2018
Philosophical Foundations Of Children S And Family Law written by Elizabeth Brake and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.
Vulnerable Adults And The Law
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Author : Jonathan Herring
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Vulnerable Adults And The Law written by Jonathan Herring and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Family Law
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Author : Samantha M Davey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-15
Family Law written by Samantha M Davey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-15 with Law categories.
This popular, long-established textbook provides a clear and engaging account of a fascinating and dynamic subject, while also introducing current debates about the nature, scope and functions of the law, and discussing controversies surrounding the basic doctrines by placing them in a wider context. The book takes an applied approach and provides real life examples to illustrate how the law works in practice. This book is essential reading for law students taking undergraduate modules in family law and child law. Students on social work, social policy, health care and human rights courses will also find it invaluable, as will postgraduates and those studying the subject for professional purposes. New to this Edition: - In-depth information on new reforms to the law on domestic violence, now more appropriately referred to as 'domestic abuse' - Fully updated case law, particularly in respect of Supreme Court developments in the areas of divorce and civil partnership - Overview and analysis of the government's proposed reforms to the law on divorce - Up-to-date statistics - A discussion question in each chapter, with suggested ways to approach it on the companion website
Autonomy Care And Family Law
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Author : Anna Heenan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11
Autonomy Care And Family Law written by Anna Heenan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.
There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.
Leading Works In Law And Religion
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Author : Russell Sandberg
language : en
Publisher: Routledge
Release Date : 2018-12-07
Leading Works In Law And Religion written by Russell Sandberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.
The Cambridge Companion To Comparative Family Law
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Author : Shazia Choudhry
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-31
The Cambridge Companion To Comparative Family Law written by Shazia Choudhry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-31 with Law categories.
Offers a comprehensive overview of the key issues facing family law globally, and explores how different countries have tackled them.