Чтобы использовать цитирование, отправку по электронной почте, сохранение и экспорт, сначала выберите элементы результатов.
У вас может быть доступ к полной статье.
Попробуйте войти через свое учреждение и проверьте, есть ли у него доступ к полному тексту.
(ProQuest: . denotes non-US-ASCII text omitted.)
The views expressed in this articles, however, are entirely my own. I wish to thank Professor Elizabeth Cooke, Eleanor Campbell, Linda Luckhaus, Aruna Nair, Dr Loreen Talbot and Dr Keith Vincent and an anonymous reviewer for their helpful comments. All mistakes remain my own, of course.
In general people are free to marry when and whom they want and to organize their marriages as they wish. But should they be free to tailor the law of ancillary relief on divorce to their individual plans and ideas? Until recently, in England, the answer to the question has been 'no'. 1 However, over recent years, the clear 'no' has first developed into a 'not really. ' followed by a '. maybe it would be good if they could'. Now, after the Court of Appeal's decision in Radmacher v Granatino , the answer seems to be developing more and more into a 'yes, as long as they are reasonable. '. Interest in marital property agreements has increased and the courts have shown more and more sympathy with such agreements. 2 After the hearing of Radmacher v Granatino in March 2010, an important new decision of the Supreme Court is to be expected. The Law Commission of England and Wales has recommended partnership agreements for cohabitants 3 and started a project on 'marital property agreements' in late 2009. 4
Taking the decision of Radmacher v Granatino and German law of marital property agreements as a starting point, this article highlights some issues in relation to agreements in family law and discusses arguments in favour of the introduction of marital property agreements in England and Wales for married couples. 5 Radmacher v Granatino showed a strong interest in giving weight to marital property agreements, making constant use of the term 'contract' despite the fact that there is a considerable reluctance in England to use contracts in very personal affairs. The article discusses from a comparative perspective how the long-established English understanding of marriage as creating a status and of the contract as a tool for commercial transactions has thus far impeded the introduction of enforceable marital property agreements. To understand what such agreements are, and why they could be desirable, a look at.
