Marital agreements and private autonomy in comparative perspective / edited by Jens M. Scherpe.

Format:

Book

Contributor:

Scherpe, Jens M., 1971- editor.

Language:

English

Subjects (All):

Marriage law.

Prenuptial agreements.

Separate maintenance.

Physical Description:

1 online resource (532 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2012.

Language Note:

English

Summary:

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

Contents:

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.

Notes:

Description based upon print version of record.

Includes bibliographical references.

ISBN:

9786613773999

9781847318862

184731886X

9781472565877

1472565878

9781281063670

1281063673

9781847318855

1847318851

OCLC:

801657435