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Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405379
Category : Law
Languages : en
Pages : 132
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Book Description
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 (
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405379
Category : Law
Languages : en
Pages : 132
Get Book
Book Description
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 (
Author: Great Britain: Law Commission
Publisher: Stationery Office
ISBN: 9780102988048
Category : Law
Languages : en
Pages : 231
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Book Description
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
Author:
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages : 123
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Book Description
Author: Gary N. Skoloff
Publisher: Wolters Kluwer
ISBN: 0735549494
Category : Law
Languages : en
Pages : 1577
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Book Description
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!
Author: Linda J. Ravdin
Publisher:
ISBN: 9781558719644
Category : Cohabitation agreements
Languages : en
Pages :
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Book Description
"... 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.
Author: Katherine Stoner
Publisher: Nolo
ISBN: 1413330045
Category : Family & Relationships
Languages : en
Pages : 417
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Book Description
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.
Author: Michael G. Cochrane
Publisher: John Wiley and Sons
ISBN: 0470963875
Category : Law
Languages : en
Pages : 209
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Book Description
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.
Author: Arlene G. Dubin
Publisher: Random House Digital, Inc.
ISBN: 0375755357
Category : Family & Relationships
Languages : en
Pages : 244
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Book Description
This ring-to-altar guide is a valentine to anyone who's dating, contemplating marriage, living with someone, or engaged.
Author: Katherine Stoner
Publisher: NOLO
ISBN: 9781413323023
Category : Law
Languages : en
Pages : 400
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Book Description
Marriage is one of the few personal contracts in which your state dictates the terms—unless you create your own customized premarital agreement. Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. This easy-to-use book covers: whether a prenup is right for your relationship how to decide what a prenup should include how to deal with special situations, such as one spouse’s debts, business ownership, or kids from a previous marriage how to assemble a draft agreement how to turn your draft into a contract tips on negotiating and communicating This edition of Prenuptial Agreements is completely revised and updated to reflect current state laws, plus worksheets and clauses for preparing an agreement that suits your unique needs.
Author: Family Justice Review
Publisher: The Stationery Office
ISBN: 9780108510557
Category : Law
Languages : en
Pages : 234
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Book Description
The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.
