| Description |
1 online resource |
| Contents |
Cover; Half-title; Title; Copyright; Dedication; Preface; Acknowledgements; Contents; List of Abbreviations; Table of Cases; Table of Legislation; Note on Terminology; Introduction; Background; Power; Theoretical Perspectives Employed in this Book; Contract Theory; Feminist Critiques of Contract; Chapter Outline; 1. Radmacher v Granatino and the 'New Respect' for Autonomy; Background; Cases Before Radmacher; Proposed Reform Before Radmacher; Radmacher v Granatino; Radmacher in the Lower Courts; Supreme Court; Public Policy; Cases after Radmacher; Proposed Reform after Radmacher |
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The Law Commission's Report Matrimonial Property, Needs and AgreementsDivorce (Financial Provision) Bill; Re-evaluating the Radmacher View of Autonomy; Conclusion; 2. The Developing Landscape of Financial Provision on Divorce; Financial Provision Prior to the Matrimonial Causes Act 1973; Marriage Settlements and the Common Law Doctrine of Coverture; The Effects of Separate Property Prior to the Matrimonial Causes Act 1973; Financial Provision Under the Matrimonial Causes Act 1973; Judicial Discretion to Award Financial Provision (Ancillary Relief); Non-discrimination and Equality |
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The Three Strands of FairnessNeed; Compensation; Sharing; Prenuptial Agreements and the Three Strands of Fairness; Reform of Financial Provision; Conclusion; 3. Attorneys' Experiences of Prenuptial Agreements in New York; Why New York?; The Law of Prenuptial Agreements in the United States; The Law of Prenuptial Agreements in New York; Summary of Findings; Background to the Study; Attorneys' Experiences of Prenuptial Agreements in New York; Reasons for Entering into an Agreement; The Balance of Power Between Parties to a Prenuptial Agreement; Addressing Issues of Power in Practice |
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Steps Taken by Individual AttorneysRemaining Issues; Advice for the UK; Comparative Analysis; 'Prenuptial Contracts'; Fiduciary Relationship; Comparing New York with the UK; Issues with Power; Postnuptial Agreements; Conclusion; 4. Remedies in Contract for Prenuptial Agreements; Introduction; Duress; Background; 'Prenuptial Duress'; Difficulties with 'Prenuptial Duress'; Undue Influence; Actual Undue Influence; Background; Application to Prenuptial Agreements; Difficulties with Applying Actual Undue Influence to Prenuptial Agreements; Presumed Undue Influence; Background |
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Application to Prenuptial AgreementsDifficulties with Applying Presumed Undue Influence to Prenuptial Agreements; Unconscionability; Background; Application to Prenuptial Agreements; Difficulties with Applying Unconscionability to Prenuptial Agreements; Conclusion; 5. Towards a Feminist Relational Contract Theory of Prenuptial Agreements; Introduction; 'The Theory is a Mess'; Classical Contract Theory; Neo-classical Contract Theory; Relational Contract Theory; Critique of Mainstream Contract Theory; Relational Contract Theory and Prenuptial Agreements |
| Summary |
This book analyses the enforcement of prenuptial agreements using a feminist and contractual theoretical framework. It offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved |
| Bibliography |
Includes bibliographical references and index |
| Notes |
English |
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Online resource; title from PDF title page (EBSCO, viewed July 20, 2015) |
| Subject |
Prenuptial agreements.
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LAW -- Administrative Law & Regulatory Practice.
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Prenuptial agreements
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| Genre/Form |
dissertations.
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Academic theses
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Academic theses.
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Thèses et écrits académiques.
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| Form |
Electronic book
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| ISBN |
9781782255581 |
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1782255583 |
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9781782255598 |
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1782255591 |
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9781474201919 |
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1474201911 |
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