Prenuptial agreements and the presumption of free choice
Subtitle: issues of power in theory and practice
By: Sharon Thompson
Publisher: Hart Publishing
Published: 2015
Place of publication: Oxford, United Kingdom
Language: eng
Number of pages: 219
ISBN-13: 9781849465984; 9781782255598; 9781782255581
Copyright date: 2015
Subjects: Prenuptial agreements; Free will and determinism
Description: "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 spousk692.ces and civil partners 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. Finally, it explores how the court might address concerns with 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."--Bloomsbury Publishing.
Notes: Includes bibliographical references (pages 202-213) and index.
Table of contents: title: Introduction; title: Radmacher v. Granatino and the 'new respect' for autonomy; title: The developing landscape of financial provision on divorce; title: Attorneys' experience of prenuptial agreements in New York; title: Remedies in contract for prenuptial agreements; title: Towards a feminism relational contract theory of prenuptial agreements; title: Prenuptial agreements and the presumption of free choice : connecting theory and practice.