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Matrimonial Property And Financial Agreements
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Book Synopsis Matrimonial Property, Needs and Agreements by : Great Britain: Law Commission
Download or read book Matrimonial Property, Needs and Agreements written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2012-09-11 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
Book Synopsis Marital Agreements by : Linda J. Ravdin
Download or read book Marital Agreements written by Linda J. Ravdin and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "... 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.
Book Synopsis Matrimonial Property and Financial Agreements by :
Download or read book Matrimonial Property and Financial Agreements written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Matrimonial property, needs and agreements by : Great Britain: Law Commission
Download or read book Matrimonial property, needs and agreements written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2014-03-04 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law gives the courts a wide discretion to make appropriate financial orders when marriages and civil partnerships are dissolved. An important element of those awards is meeting both parties' 'financial needs'. There is evidence of regional inconsistencies in how the courts approach awards for needs which creates unpredictability. And while the law is largely well-understood by family lawyers, it is not clear to the general public. This report recommends that the Family Justice Council produce authoritative guidance on financial needs which would also help to reinforce consistency to how the law is applied in the courts. Some jurisdictions have gone beyond explanation and verbal clarification, producing formulae that generate guideline amounts for payment from one former spouse to another. This report recommends that work be done with a view to assessing whether such an aid to reaching financial settlements could be devised. Pre-nuptial and post-nuptial agreements (referred to together here as 'marital property agreements') cannot be enforced as contracts and they cannot take away the courts' powers to make orders. This report recommends that legislation be enacted to introduce 'qualifying nuptial agreements'. These would be enforceable contracts, not subject to the scrutiny of the courts, which would enable couples to make binding arrangements about the financial consequences of divorce or dissolution. In order for an agreement to be a 'qualifying' nuptial agreement, certain procedural safeguards would have to be met. This report includes a draft Bill, the Nuptial Agreements Bill, which would introduce qualifying nuptial agreements
Book Synopsis Matrimonial Property and Financial Agreements by :
Download or read book Matrimonial Property and Financial Agreements written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Matrimonial Property and Finance by : Peter Duckworth
Download or read book Matrimonial Property and Finance written by Peter Duckworth and published by . This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Marital Agreements and Private Autonomy in Comparative Perspective by : Jens M Scherpe
Download or read book Marital Agreements and Private Autonomy in Comparative Perspective written by Jens M Scherpe and published by Bloomsbury Publishing. This book was released on 2012-02-24 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Drafting Prenuptial Agreements by : Gary N. Skoloff
Download or read book Drafting Prenuptial Agreements written by Gary N. Skoloff and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 1577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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!
Book Synopsis Marital Property Agreements by : Great Britain. Law Commission
Download or read book Marital Property Agreements written by Great Britain. Law Commission and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Marital property agreements by : Great Britain: Law Commission
Download or read book Marital property agreements written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2011-01-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation asks the public's views on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements - contracts made by couples before or during their marriage or civil partnership that are intended to govern their financial arrangements if the relationship ends. Such agreements have attracted considerable attention in recent months after the judgment of the Supreme Court in Radmacher v Granatino, which went further than ever before in recognising their significance. But the Supreme Court's decision was made in the context of the existing legislation. As it stands, the law does not allow a couple to prevent each other from asking the courts to decide how their property should be shared. And it is still down to the courts to decide on a case-by-case basis how much weight to give to any agreement the couple may have made. In many cases this can offer important protection but it can also lead to uncertainty and expensive litigation and there have been calls for statutory reform. The Law Commission is now asking whether the current legislation - which is a generation old - provides the right basis for determining the effect of marital property agreements, or whether a new approach is needed. Could reform bring more autonomy and certainty to couples who want to enter into such agreements, while retaining sufficient safeguards to protect vulnerable spouses and children?
Book Synopsis Divorce, Separation and the Distribution of Property by : J. Thomas Oldham
Download or read book Divorce, Separation and the Distribution of Property written by J. Thomas Oldham and published by Law Journal Press. This book was released on 2021-10-28 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses existing legal regulations and rules in various states relating to the enforcement of premarital or postnuptial agreements regarding the parties' rights if they divorce.
Book Synopsis Prenuptial Agreements by : Katherine E. Stoner
Download or read book Prenuptial Agreements written by Katherine E. Stoner and published by NOLO. This book was released on 2004 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any couple thinking about getting married, especially those who might be concerned with the following:· keeping their finances totally separate or protecting certain items of separate property· providing for children from a prior marriage when a spouse dies· making sure family property stays in the family when a spouse dies· protecting one spouse from the others personal or business debts· defining who gets what in the event of a divorce· clarifying each persons financial responsibilities during the marriage
Book Synopsis Prenuptial Agreements by : Katherine Stoner
Download or read book Prenuptial Agreements written by Katherine Stoner and published by Nolo. This book was released on 2022-11-07 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plan today for peace of mind tomorrow Marriage is so much more than a great wedding. It’s also a legal contract that binds two people together in many aspects of life, including finances. If you and your spouse can’t agree on how to divide assets and debts in the event of a split, the state might end up making decisions for you. Fortunately, you can use the guidance and forms in this book to create a customized prenuptial agreement that addresses how to: shield each other from debts take care of children from a previous marriage clarify financial responsibilities protect hard-earned assets, and much more. Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining the foundations of a solid contract. The 7th edition is completely updated to provide the latest laws of your state and includes instructions any couple can use to write a clear agreement.
Book Synopsis Divorce and Money by : Gayle Rosenwald Smith, J.D.
Download or read book Divorce and Money written by Gayle Rosenwald Smith, J.D. and published by Penguin. This book was released on 2004-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Walk Away From Divorce with Financial Security Family lawyer Gayle Rosenwald Smith has designed this thoroughly researched, practical, and easy-to-read guide to help the reader through difficult, emotional, and often overwhelming divorce processes. She comprehensively explains the financial issues that can impact divorce and, most importantly, tells the reader what they can do to better understand their situation and how to take proper action. Included are effective tools and strategies to: Choose the best lawyers, financial advisors, and more Track assets with checklists and charts Evaluate and understand stock options and other "perks" Prepare a budget and expense sheets Value business, pension plans, and retirement funds-401(k)s, IRAs, and more Understand the importance of insurance in divorce Determine the best course of action for the family home and other property Get a good property settlement agreement Ensure your future financial security and economic well being
Book Synopsis Marriage and Family Law Agreements by : Samuel Green
Download or read book Marriage and Family Law Agreements written by Samuel Green and published by McGraw-Hill Companies. This book was released on 1984 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Do We Need a Marriage Contract? by : Michael G. Cochrane
Download or read book Do We Need a Marriage Contract? written by Michael G. Cochrane and published by John Wiley and Sons. This book was released on 2010-05-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congratulations! You've decided to get married. It's a wonderful time, but there's more to think about than just the perfect wedding and honeymoon. Marriage is more complicated than it used to be. People are marrying later in life and perhaps for the second or third time. Often they are bringing more assets and more liabilities into the relationship, blending children from previous relationships, and generally facing all kinds of new challenges. Marriage contracts, wills and Powers of Attorney are all valuable ways to set your expectations in advance. Do We Need a Marriage Contract? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane includes a sample marriage contract to address the critical issues you need to be aware of, including: Protection of assets brought into the marriage The special practical and financial concerns of blending children into new families Family pressure to have a marriage contract Business pressure to have a marriage contract How to have a discussion with your partner and not spoil the romance How marriage contracts work with your wills and Powers of Attorney How to work in a cost-effective way with a lawyer How to avoid the relationship mistakes that lead to divorce This is your future together. Get it right from the very beginning. Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience in family law, and carefully consider the numerous issues that can affect your relationship.
Book Synopsis Before You Say "I Do" in Marriage, First Protect Yourself Legally by : Benji O. Anosike
Download or read book Before You Say "I Do" in Marriage, First Protect Yourself Legally written by Benji O. Anosike and published by . This book was released on 1998-04 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
