Sharing Lives, Dividing Assets

Sharing Lives, Dividing Assets

Author: Joanna Miles

Publisher: Bloomsbury Publishing

Published: 2009-08-18

Total Pages: 340

ISBN-13: 1847315275

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With many couples separating each year, the question of how to determine the financial and property consequences of such separation has always been a problem area within family law. Should the principles be the same for married and cohabiting couples? Should the division of assets reflect the parties' own expectations or norms imposed by society? These are just two of the questions which the essays in this collection seek to explore. Recent cases in the House of Lords have seen willingness on the part of the judges to seek out empirical studies to inform their deliberations, but if the law is to engage with empirical data then much more information is needed, both about the arrangements people make during their relationships, and about the impact of the law when a relationship breaks down. This inter-disciplinary work brings together leading academics in the fields of law, economics, sociology and psychology in an attempt to provide some of the missing empirical information. Part I sets out the legal framework and identifies the importance of empirical studies for this area. Part II examines how couples (whether cohabitants or spouses) manage their money during their relationships. Part III then considers the impact that the law currently has on separating couples - examining how legal principles translate into reality and what their consequences are for the parties. Finally, Part IV considers the issue of legal rationality: it may be rational for the law to be shaped by patterns of behaviour, but how far will individual couples allow their behaviour to be shaped by the law?


Wealth and Poverty in Close Personal Relationships

Wealth and Poverty in Close Personal Relationships

Author: Susan Millns

Publisher: Taylor & Francis

Published: 2017-07-14

Total Pages: 205

ISBN-13: 1317000072

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At a time of global and domestic economic crisis, the financial aspects of domestic and familial relationships are more important and more strained than ever before. The focus of this book is on the distribution of wealth and poverty in traditional and non-traditional familial relationships. The volume takes an interdisciplinary approach to explore the way in which money matters are structured and governed within close personal relationships and the extent to which they have an impact on the nature and economic dynamics of relationships. As such, the key areas of investigation are the extent to which participation in the labour market, unpaid caregiving, inheritance, pensions and welfare reform have an impact on familial relationships. The authors also explore governmental and legal responses by investigating the privileging of certain types of domestic relationships, through fiscal and non-fiscal measures, and the differential provision on relationship breakdown. The impact of budget and welfare cuts is also examined for their effect on equality in domestic relationships.


Politics, Policy and Private Law

Politics, Policy and Private Law

Author: Jodi Gardner

Publisher: Bloomsbury Publishing

Published: 2023-12-14

Total Pages: 281

ISBN-13: 1509960988

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This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.


A Research Agenda for Financial Resources within the Household

A Research Agenda for Financial Resources within the Household

Author: Fran Bennett

Publisher: Edward Elgar Publishing

Published: 2024-01-18

Total Pages: 285

ISBN-13: 1802204008

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This cross-disciplinary Research Agenda offers an in-depth exploration into financial resources within households, focussing specifically on how they are managed, how they are distributed and with what results. Bringing together an array of leading experts from the Global South and North, this Research Agenda examines the challenges facing researchers in this area, investigates developments in the field and analyses how research interacts with current public policy.


Shades of Grey - Domestic and Sexual Violence Against Women

Shades of Grey - Domestic and Sexual Violence Against Women

Author: Anna Carline

Publisher: Routledge

Published: 2014-09-19

Total Pages: 298

ISBN-13: 1317815238

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Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.


Moffat's Trusts Law

Moffat's Trusts Law

Author: Jonathan Garton

Publisher: Cambridge University Press

Published: 2020-05-14

Total Pages: 1085

ISBN-13: 1108796443

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Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.


Fifty Years of the Divorce Reform Act 1969

Fifty Years of the Divorce Reform Act 1969

Author: Joanna Miles

Publisher: Bloomsbury Publishing

Published: 2022-02-24

Total Pages: 312

ISBN-13: 1509947906

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The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.


Landmark Cases in Family Law

Landmark Cases in Family Law

Author: Stephen Gilmore

Publisher: Bloomsbury Publishing

Published: 2011-07-01

Total Pages: 232

ISBN-13: 1847317871

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There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.


Protecting Your Assets from a Texas Divorce

Protecting Your Assets from a Texas Divorce

Author: Ike Vanden Eykel

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9780974946146

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Divorce is the biggest single business deal most Texans will ever undertake. This comprehensive updated book is designed to help couples retain their assets when they divorce-from spouses who split household items to married business partners who divide large, privately held companies-and emerge from divorce financially intact no matter how difficult the economic landscape. The authors provide expertise in financial planning, estate planning, retirement issues, counseling, real estate, business valuation, taxes, insurance, bankruptcy and other areas affecting the financial future of divorcing Texans.What You Can Learn From This Book* How to organize a winning case * How to calculate child support * How to get the most out of your house * What to do with a family business * Who gets retirement accounts, stock options, personal property * When to choose a collaborative law divorce * How to use mediation * How to enforce the divorce decree


LIVE-IN RELATIONSHIP AND RIGHTS OF WOMEN

LIVE-IN RELATIONSHIP AND RIGHTS OF WOMEN

Author: Dr. Sonika Mathur

Publisher: Laxmi Book Publication

Published: 2024-10-04

Total Pages: 388

ISBN-13: 1304192547

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India is a country having strong cultural foundation and high moral values. Marriage (matrimonial relationship or wedlock) in India has secured a sacred place and it is a general conception that marriage is a heavenly creature which is celebrated on earth. In India, marriage is a sacred bonding between two heterogeneous persons by which kinship is created and mutual rights and obligations are generated by this relationship. It is also a general conception that cohabitation between man and woman can only be done through bonding of marriage and for cohabitation, no other relationships is allowed between them. Marriage is a divine concept which has been practiced since ages. Interpersonal relationships which are generally intimate and sexual in nature are acknowledged by the marriage. It is also a social obligation to keep a man and woman together and since a woman is considered to be the better half of man, so, many of the rituals are considered to be incomplete unless it is to be performed by both husband and wife together. Hence in addition to be a social obligation, it is very much customary in nature also and necessary for the strengthening and progress of society. Apart from imposing family obligations, marriage also provides legal shield to the children and it is a public declaration regarding the legitimacy of the children.