Prenuptial agreements
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Recent papers in Prenuptial agreements
The article contains a legal analysis of the property relations resulting from the marriage of Jan Klemens Branicki to Katarzyna Barbara Radziwiłł. The events here depicted reveal that the economic success of an aristocratic family to a... more
A discussion of the High Court of Australia's recent decision in Thorne v Kennedy with reference to the three vitiating factors discussed by the High Court: duress, undue influence and unconscionable conduct. It is suggested that the High... more
Este trabajo aborda la validez y la eficacia de los acuerdos que los cónyuges o futuros cónyuges toman, para el caso de ruptura, que afectan a los hijos menores habidos o que habrá en el matrimonio. Para ello se deberá conjugar el... more
A pre-nuptial or ante-nuptial agreement is an agreement between man and woman prior to their marriage that seeks to set out their financial liabilities and responsibilities to one another in the event of their divorce. From the starting... more
The aim of this paper is to carry out a review of United States regulations and cases law from 1972 to the Uniform Premarital and Marital Agreement Act (2012). During these four decades United States legal system has evolved from... more
The purpose of this submission is to respond to some of the issues raised during the Second Reading debate of the Divorce (Financial Provision) Bill on 11th May 2018, with particular focus on matters relevant to the legal status of... more
Actors and Actions in Prenups and Capitulaciones Matrimoniales: A Cross-Cultural Study The investigation of a corpus of American prenuptial agreements and Spanish capitulaciones matrimoniales shows how the popularity of premarital... more
After the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the... more
Thorne v Kennedy [2017] HCA 49 provides much needed clarity on the legal position on financial agreements under Part VIIIA of the Family Law Act 1975 (Cth).
Los acuerdos prematrimoniales con previsiones para el caso de ruptura, hasta hace algunos años desconocidos e ignorados para el Derecho europeo, están tomando una gran relevancia e irrumpen en nuestro panorama jurídico con una fuerza... more
The Catalan new regulation on premarital agreement is inspired by the American doctrine built on case law. To test this hypothesis, this paper contains the result of a synthesis work that aims to extract the significant features of each... more
This submission focuses on the legal principles in relation to parenting and property, specifically the area of binding financial agreements (BFAs). This submission responds to question 19 in the Issues Paper (IP 48): ‘What changes could... more
Les accords prénuptiaux en prévision de la rupture sont une notion juridique connue en droit américain, avec un régime juridique consolidé construit sur la jurisprudence. Cependant, c’est une notion étrangère à la tradition juridique... more
XXIV Semana de Estudios Sefardíes. En homenaje a Iacob M. Hassán. Estella, 23/11/2016.
The process of marriage and divorce has been programmed into human minds for hundreds of years. We fall in love, tie the nuptial knot and then realize things are not turning out as well as we expected. Everything starts to fall apart,... more
This paper presents dowries as a source for estimiting the levels of wealth and economic inequality among the Barcelona artisans of modern times. To do this, starting from the analysis of almost 160 prenuptial agreements (1501–1777), with... more
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... more
Family law is succumbing to pluralism. Scholars have celebrated this trend as a desirable outcome of the struggle for marriage equality. And a pluralistic family law seems to offer distinct benefits: more regimes than just marriage, and... more
This Essay analyzes the presumption against the availability of judicial enforcement for bargains between spouses in an ongoing marriage. It mentions rules on marriage such as one which states that married couples are limited to... more
A divorce agreement may be a papers between separated spouses that outlines, withspecificity, all the agreements between 2 parties regarding the division of their property,assets, debts, and arrangements for the custody, care and support... more
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A comparative discussion of the development of prenuptial agreements in England and Germany
This paper examines the Supreme Court decision Radmacher v Granatino. It will assess the impact of this case on the position of ante-nuptial agreements in England and Wales. It will also consider the significance of Lady Hale's dissent,... more