TY - BOOK ID - 78145486 TI - Marital agreements and private autonomy in comparative perspective PY - 2012 SN - 184731886X 1472565878 1281063673 9786613773999 1847318851 9781847318855 9781281063670 9781849460125 1849460124 9781472565877 9781847318862 9781847318862 PB - Oxford Portland, Oregon Hart DB - UniCat KW - Separate maintenance. KW - Prenuptial agreements. KW - Marriage law. KW - Law, Marriage KW - Marriage KW - Domestic relations KW - Sex and law KW - Husband and wife KW - Alimony KW - Separation (Law) KW - Support (Domestic relations) KW - Ante-nuptial agreements KW - Ante-nuptial contracts KW - Antenuptial agreements KW - Antenuptial contracts KW - Marriage contracts KW - Premarital agreements KW - Premarital contracts KW - Prenups KW - Prenuptial contracts KW - Prenupts KW - Marriage law KW - Marriage settlements KW - Law and legislation KW - Prohibited degrees KW - Prenuptial agreements KW - Separate maintenance KW - E-books UR - https://www.unicat.be/uniCat?func=search&query=sysid:78145486 AB - 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 ER -