Marriage and Divorce in a Multi-Cultural Context


Book Description

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.




The Law and Economics of Marriage and Divorce


Book Description

What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.







Marriage and Divorce in the Jewish State


Book Description

A comprehensive look at how rabbinical courts control Israeli marriage and divorce




Abortion and Divorce in Western Law


Book Description

This book is about two subjects which have been discussed extensively and these are abortion and divorce. The Author shows both side of argument, demand for abortion and no abortion at all.




Islamic Marriage and Divorce Laws of the Arab World


Book Description

Whilst other works exist which examine the Islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the Arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries.




Marital Agreements and Private Autonomy in Comparative Perspective


Book Description

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.




Women and Muslim Family Laws in Arab States


Book Description

A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.




Untangling Your Marriage


Book Description

Divorce is hard, but it doesn’t have to be so painful. Collaborative Divorce offers a different, more peaceful path to ending a marriage; this book shows you how to do it. Divorce is like a death in the family, except no one is bringing you food. This book is a myth buster, and an antidote to the negative messaging about divorce. It offers hope and encouragement for the reader to choose a divorce process that aligns with their own core values. Values such as dignity, mutual respect, integrity, and compassion. It offers the reader an introduction to Collaborative Divorce, both the mindset and the process, as it has been established and practiced for the past thirty years. Collaborative divorce is an interdisciplinary, non-adversarial divorce model. It is like mediation on steroids. Divorce is a complex process. It involves legal, psychological, and financial considerations. Collaborative divorce uses an interdisciplinary approach, and it is not dominated by the lawyers and is more cost efficient. A skillful mental health coach addresses emotional issues such as anger, sadness, rage, betrayal, guilt, shame, excitement, relief, and acceptance for everyone in the family. The financial neutral will collect, organize, analyze, and present the financial resources of the couple in a way to ensure an equal understanding of what can often feel like overwhelming amount of data. The lawyers provide legal advice. The core focus of the book is to reframe divorce from a shame and blame game to a paradigm where divorce is viewed through the lens of grief. It offers each reader an opportunity to show up for their divorce and present their best selves, even if they don’t feel like it. It emphasizes honor and respect for everyone involved. This book is an open and honest portrayal of divorce from the perspective of a veteran divorce attorney, who has also been divorced. We live in a time of volatility, uncertainty, complexity, and ambiguity. A divorce is just like that, and the antidote to those conditions include concepts like collaboration, deep listening, innovation, flexibility, and an ability to pivot. Collaborative divorce is the best kept secret of family lawyers. It is an opportunity to emerge from a divorce, healthy and wholehearted, not bitter, and resentful. Learn how to do it here.