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Prenuptial Agreements and the Presumption of Free Choice

Prenuptial Agreements and the Presumption of Free Choice PDF Author: Sharon Thompson
Publisher: Bloomsbury Publishing
ISBN: 1782255591
Category : Law
Languages : en
Pages : 340

Book Description
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

Prenuptial Agreements and the Presumption of Free Choice PDF Author: Sharon Thompson
Publisher: Bloomsbury Publishing
ISBN: 1782255591
Category : Law
Languages : en
Pages : 340

Book Description
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

Prenuptial Agreements and the Presumption of Free Choice PDF Author: Sharon Thompson
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


Prenuptial Agreements and the Presumption of Free Choice

Prenuptial Agreements and the Presumption of Free Choice PDF Author: Sharon Thompson
Publisher: Bloomsbury Publishing
ISBN: 1782255583
Category : Law
Languages : en
Pages : 246

Book Description
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.

Drafting Prenuptial Agreements

Drafting Prenuptial Agreements PDF Author: Gary N. Skoloff
Publisher: Wolters Kluwer
ISBN: 0735549494
Category : Law
Languages : en
Pages : 1577

Book Description
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!

Prenups for Lovers

Prenups for Lovers PDF Author: Arlene Dubin
Publisher: Villard
ISBN: 0375506624
Category : Family & Relationships
Languages : en
Pages : 258

Book Description
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.

Marital Agreements

Marital Agreements PDF Author: Linda J. Ravdin
Publisher:
ISBN: 9781558719644
Category : Cohabitation agreements
Languages : en
Pages :

Book Description
"... 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

Prenuptial Agreements PDF Author:
Publisher:
ISBN:
Category : Prenuptial agreements
Languages : en
Pages : 252

Book Description


Law and the Unconscious

Law and the Unconscious PDF Author: Anne C. Dailey
Publisher: Yale University Press
ISBN: 0300188838
Category : Law
Languages : en
Pages : 304

Book Description
How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Divorce (Financial Provision) Bill (HL)

Divorce (Financial Provision) Bill (HL) PDF Author: Great Britain: Parliament: House of Lords
Publisher:
ISBN: 9780108553813
Category :
Languages : en
Pages : 8

Book Description
A Bill to amend the Matrimonial Causes Act 1973 and to make provision in connection with financial settlements following divorce. Private Members' Bill published on 10 June 2014

Women's Legal Landmarks

Women's Legal Landmarks PDF Author: Erika Rackley
Publisher: Bloomsbury Publishing
ISBN: 1782259791
Category : Law
Languages : en
Pages : 699

Book Description
Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.