Marital agreements and private autonomy in comparative perspective

Marital agreements and private autonomy in co ...
Jens M. Scherpe, Jens M. Scher ...
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Last edited by MARC Bot
April 30, 2025 | History

Marital agreements and private autonomy in comparative perspective

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

Publish Date
Publisher
Hart
Language
English
Pages
518

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Book Details


Table of 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.

Edition Notes

Includes bibliographical references.

Published in
Oxford, Portland, Oregon

Classifications

Dewey Decimal Class
346.016
Library of Congress
K692.C76 M37 2012, K690

The Physical Object

Pagination
xiii, 518 p. ;
Number of pages
518

Edition Identifiers

Open Library
OL25369290M
ISBN 10
1849460124
ISBN 13
9781849460125
LCCN
2012406029
OCLC/WorldCat
555632634, 802279462
Digital Object Identifier (DOI)
10.5040/9781472565877

Work Identifiers

Work ID
OL16696790W

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History

Download catalog record: RDF / JSON / OPDS | Wikipedia citation
April 30, 2025 Edited by MARC Bot import existing book
December 12, 2022 Edited by MARC Bot import existing book
February 25, 2022 Edited by ImportBot import existing book
September 22, 2020 Edited by MARC Bot import existing book
July 4, 2012 Created by LC Bot Imported from Library of Congress MARC record