|
Postnuptial Agreement
A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It may be "notarized" or acknowledged and may be the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. Purpose A postnuptial agreement is designed to govern the division of a married couple's assets upon divorce. Unlike a prenuptial agreement the contract is entered after the couple has married, and prior to any separation. Worldwide United Kingdom As with prenuptial agreements, a court has the discretion to reject the terms of a post-nuptial agreements, for example if the court finds that its terms are insufficient to meet the financial needs of partners and children. U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their Affinity (law), in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be Premarital sex, compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement. Around the world, there has been a general trend towards ensuring Women's rights, equal rights for women and ending discrimination and harassment against couples who are Interethnic marriage, interethnic, Interracial marriage, interracial, In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alimony
Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word , from . Also derived from this word are the terms alimentary , and aliment . History The Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children so that she can raise them: : 137. If a man wish to separate from a woman who has borne him children, or from his wife who ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Macleod V Macleod
''Macleod v Macleod'' 008UKPC 64was a judgment of the Judicial Committee of the Privy Council in an appeal originating from the Isle of Man. It made clear that postnuptial agreements in the Isle of Man cannot be varied by a court other than for sufficient policy reasons. Although technically only applying to Manx postnuptial agreements, the judgment was treated with authority in the United Kingdom until it was overruled by the Supreme Court of the United Kingdom in ''Radmacher v. Granatino'' 010 Facts The husband and wife were both from the United States and married in Florida. The husband was older and far wealthier than the wife. They moved to the Isle of Man in 1995. Before marrying, each party declared their resources and agreed that, in the event of their separation, they would each be entitled to that which they put into the marriage. At the time, the husband's wealth was approximately US$10.3 million. There were additional provisions for monthly allowances and lump paymen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconscionable
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, Superior knowledge doctrine, superior knowledge, and other obligations or circumstances surrounding the bargaining pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contracts
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spouses
A spouse is a significant other in a marriage. A female spouse is called a wife while a male spouse is called a husband. Married The legal status of a spouse, and the specific rights and obligations associated with that status, vary significantly among the jurisdictions of the world. These regulations are usually described in family law statutes. However, in many parts of the world, where civil marriage is not that prevalent, there is instead customary marriage, which is usually regulated informally by the community. In many parts of the world, spousal rights and obligations are related to the payment of bride price, dowry or dower. Historically, many societies have given sets of rights and obligations to male marital partners that have been very different from the sets of rights and obligations given to female marital partners. In particular, the control of marital property, inheritance rights, and the right to dictate the activities of children of the marriage, have typically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Division Of Property
Division of property, also known as equitable distribution, is a division of property and debt between spouses when the marital relationship is ending. It may be done by agreement, through a property settlement, or by judicial decree. Distribution of property is the division, due to a death or the dissolution of a marriage, of property which was owned by the deceased, or acquired during the course of the marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b .... United Kingdom law In England & Wales, partners in or out of marriage can agree how the joint and severally hold assets will be divided without the intervention of the courts. Where agreement cannot be reached, the courts may be asked to determine a fair and equitable division. The case of Miller v Miller gave the wif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception. Civil unions have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions; however, most other developed democracies did not begin establishing them until the 1990s and early 2000s. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prenuptial Agreement
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse. In some countries, including the United States, Belgium, and the Netherlands, the prenuptial agreement not only provides for what happens in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
