Divorce proceedings can be arduous and emotional actions when it comes time to divide unique, complex marital property. The difficulty often lies in parties' inability to compromise on value and ...distribution methods which leave the court with no recourse other than liquidation. However, liquidation rarely maintains equity between parties due to inconsistent valuation techniques and procedures. This Note proposes alternative considerations for drafting prenuptial agreements and arbitration clauses which will allow parties to address and anticipate potential conflicts regarding complex assets prior to the matter arising in court. Thus, parties may be better equipped with the legal tools necessary to dispel ambiguity in the division process and, ultimately, attempt to approach equity.
This study examined marital satisfaction, marital adjustment, and consideration of divorce among Orthodox Jews in North America (N = 2,652). These marital outcomes were compared for individuals who ...signed or did not sign a religious prenuptial agreement that facilitates a woman's future ability to receive a religious divorce from her husband. Results indicated a higher level of marital satisfaction among those who signed the religious prenuptial agreement, and no significant difference in marital adjustment or tendency to consider divorce between groups of individuals who signed or did not sign the religious prenuptial agreement.
Nothing much has changed in the Law of Family in Peru. The main doctrine argues that it is not possible to make agreements between spouses on non-economic aspects of their relationships or their ...duties with their children, even when they could make decisionsin a more convenient way.In the article, the author argues that it is desirable to relax the rules on agreements between spouses or prospective spouses to regulate their rights during marriage or the benefits and obligations of each one in case they end their marriage. In that way, the author alludes to the figures of prenuptial and marital agreements present in American reality.
Poco ha cambiado en el Derecho de Familiaen el Perú. La doctrina mayoritaria sostiene que no es posible realizar acuerdos entre es-posos sobre aspectos no patrimoniales de susrelaciones o de sus deberes ante los hijos, auncuando se podrían adoptar decisiones de unaforma más conveniente.En el artículo, el autor sostiene que es conveniente flexibilizar las normas sobre los acuer- dos entre futuros cónyuges o esposos para regular sus derechos durante el matrimonio o los beneficios y obligaciones de cada uno de ellos en caso concluya la unión matrimonial por cualquier razón. Para ello, hace alusión a las figuras de los acuerdos premaritales y maritales presentes en la realidad estadounidense.
This article deals with the changes in legal regime of marital property, the motives and consequences of spouses’ marriage contract, agreement on the division of property and ways of recognition ...these transactions void, if the aim of their contract was to exclude certain assets from the property recoverable.
Many couples do not sign prenuptial agreements, even though this often leads to costly and inefficient litigation in case of divorce. In this paper we show that strategic reasons may prevent agents ...from signing prenuptial agreements. Partners who value more the benefit of the marriage wish to signal their type by running the risk of a costly divorce. Hence this contract incompleteness arises as a screening device. Moreover, the threat of costly divorce is credible since the lack of an ex-ante agreement leads to a moral hazard problem within the couple, which induces partners to reject any ex-post amicable agreement.
Many couples do not sign prenuptial agreements, even though this often leads to costly and inefficient litigation in case of divorce. In this paper we show that strategic reasons may prevent agents ...from signing a prenuptial agreement. Partners which have high productivity in marital activities wish to signal their type by running the risk of a costly divorce. Hence this contract incompleteness arises as a screening device. Moreover, the threat of costly divorce is credible since the lack of an ex-ante agreement leads to a moral hazard problem within the couple, which induces partners to reject any ex-post amicable agreement, under specific circumstances. We also investigate conditions that make this contract incompleteness an optimal form of contracting and we briefly discuss the effects of enforceable and/or mandatory premarital agreements on the rate of divorce and on the social welfare. Finally, our model suggests that there is no major objection in making prenuptial agreements enforceable, but also that there are not good reasons to make them mandatory.
Ehevertrag in Form einer Doppelurkunde zwischen Herakleides und Demetria, Tochter des Leptines und der Philotis aus Kos. Demetria bringt als Mitgift Kleidung und Schmuck im Wert von 1000 Drachmen. ...Beide Partner verpflichten sich zu ehelichem Wohlverhalten: Für den Fall von Missachtung oder Treulosigkeit dem/der Partner/in gegenüber werden Regeln festgelegt. Die Namen der 6 Zeugen folgen.
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Angaben zur Herkunft:
Otto Rubensohn (24.11.1867 - 9.8.1964), Grabungsleiter
4.–3. Jh. v. Chr.
Genauer: 17. Juli – 15. August 310 v.Chr.
Elephantine (Ägypten / Oberägypten) (Ägyptisches Museum und Papyrussammlung)
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 about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.
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