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.
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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 which circumstances should such agreements be binding and enforceable?
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Introduction to the Project Jens M Scherpe Questionnaire National Reports on Marital Agreements and Private Autonomy Australia Owen Jessep Austria Susanne Ferrari France and Belgium Walter Pintens England and Wales Joanna Miles An English Practitioner's View on Pre-Nuptial, Post-Nuptial and Separation Agreements Mark Harper and Brett Frankle The Law Commission's Consultation on Marital Property Agreements Elizabeth Cooke Germany Anatol Dutta Ireland Louise Crowley The Netherlands Katharina Boele-Woelki and Bente Braat New Zealand Margaret Briggs Scotland Kenneth McK Norrie Singapore Wai Kum Leong Spain Josep Ferrer-Riba Sweden Maarit Jänterä-Jareborg United States Ira Mark Ellman Marital Agreements and Private Autonomy in Comparative Perspective Jens M Scherpe
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... an excellent reference resource for international comparisons on the law on marital agreements
This book, the result of a British Academy-funded project, looks at 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? A comprehensive source of reference on anciallary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. Each chapter first sets out the underlying 'default' rules for ancillary relief/matrimonial property and maintenance, before analysing the current rules for marital agremements. The book will offer guidance for academics and practitioners dealing with international matters and a basis for discussion on law reform.
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Produktdetaljer

ISBN
9781849460125
Publisert
2012-02-24
Utgiver
Vendor
Hart Publishing
Vekt
921 gr
Høyde
234 mm
Bredde
156 mm
Dybde
29 mm
Aldersnivå
P, U, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
532

Redaktør

Biographical note

Jens M Scherpe is a University Senior Lecturer in Law, University of Cambridge and an Academic Door Tenant, Queen Elizabeth Building, Temple, London.