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

ISBN 1849460124   Pages 532 ISBN13 9781849460125 (What's this?)   Weight (grammes) 1080 Publisher Hart Publishing   Published in Oxford Imprint Hart Publishing   Height (mm) 234 Format Hardback   Width (mm) 156 Publication date 24 Feb 2012   Spine width (mm) 29 DEWEY 346.016   Academic level Professional / Scholarly DEWEY edition DC23

Introduction to the Project Jens M ScherpeQuestionnaire National Reports on Marital Agreements and Private Autonomy Australia Owen JessepAustria Susanne FerrariFrance and Belgium Walter PintensEngland and Wales Joanna MilesAn English Practitioner's View on Pre-Nuptial, Post-Nuptial and Separation Agreements Mark Harper and Brett FrankleThe Law Commission's Consultation on Marital Property Agreements Elizabeth CookeGermany Anatol DuttaIreland Louise CrowleyThe Netherlands Katharina Boele-Woelki and Bente BraatNew Zealand Margaret BriggsScotland Kenneth McK NorrieSingapore Wai Kum LeongSpain Josep Ferrer-RibaSweden Maarit Jantera-JareborgUnited States Ira Mark EllmanMarital Agreements and Private Autonomy in Comparative Perspective Jens M Scherpe

...a book of the highest qualityI hope that judges, lawyers and members of the public read this book widely. It's thoroughness and clarity as to what the choices are means that it will be the leading book to refer to whenever the scope of marital agreements are debated in the courts.Mark Henaghan, Otago Law ReviewEnm el libro ... se manifiesta el valor del trabajo academico en profundidad, las grandes empresas universitarias colectivas, que son laboriosas de producir, costosas de gestionar y dificiles de culminar, con contribucioes de autores de procedencia diversa, y que cuentan con la tenacidad de una persona que las lidera y las lidera y las lleva a buen fin.Albert Lamarca MarquesAnuario de Derecho CivilThis book contains everything that you might want to know about marital agreements, and more. It is now the leading comparative work on this issue. [It] is an outstanding work of comparative family law [and] a magnificent achievement. It is a model of how this kind of exercise should be done and of the benefits of undertaking this kind of analysis. Jonathan HerringLaw Quarterly Review...while not a practitioner's guide per se, [it] is a book that every family law attorney and academic will find fascinatingDr. Scherpe states that its aim is to inform and stimulate academic discussion on the topic. It actually accomplishes much more than that and should be of interest well beyond the halls of academe...Practitioners with high-rolling clients with international lifestyles would be well advised to become familiar with some of the pitfalls that could ensnare their clients.Robert E. RainsFamily Law Quarterly...a comprehensive source of reference on marital agreements and the default system regulating the financial relations between the spouses in no fewer than 14 common law and civil law jurisdictions. Both the editor and the contributors understand the art of providing a detailed insight into this issue, ever mindful of the relevant socio-economic and legal context but without loss of clarity. The result is a book that achieves the highest scholarly standards but reads like a novel: a rare and valuable combination. Excelling in both quality and clarity [the book] aims to provide guidance for academics and practitioners alike and will soon prove to be the reference work par excellence on this topic.Elise GoossensEuropean Review of Private LawThe editor is to be congratulated on avoiding the misunderstanding of terms and general description which plague so many potentially useful international collaborative enterprises. The use in this project of a common questionnaire on key issues for all participants, and the time spent in face to face discussion, has ensured a depth of common understanding, enabling contributors to reflect on the character of their own jurisdiction and to go on to make meaningful comparisons with others.Mavis MacleanThe Edinburgh Law ReviewGiven [the] wide-ranging analysis, there seems little doubt that this well-researched and edited book will be essential reading for all scholars, lawyers and judges who may have to grapple with the issue of the legal status of marital agreements in the coming months and years. Keith HottenHong Kong Law JournalThe comparison that the book allows, with its careful structure, is very useful...The book enables practitioners to acquire insights on how to prepare pre-nuptial agreements with international elements (ie to do something more than copy a precedent!).William HealingFamily LawThough there have been other publications which compare the position of marital property agreements in different jurisdictions, the contribution made by this book is unique. It does not simply present a catalogue of the legal context of agreements in different jurisdictions. Rather, the strength of the book is its comparative analysis.Sharon ThompsonChild and Family Law QuarterlyThis work is the result of a huge project under taken by Dr Scherpe and the other writers. It is well structured and readab

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