: Aspects of English Law in Contract

Aspects of English Law in Contract

Implementation of Spousal Arrangements in Divorce Proceedings

Buch beschaffen

Studien zur Rechtswissenschaft, Band 23

Hamburg , 204 Seiten

ISBN 978-3-86064-851-3 (Print)

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This thesis focuses on the law concerning contracts made between spouses in an attempt to provide for their future after a breakdown of their marriage. This is described against the historical evolution of the permitted limits to which they could lawfully arrange matters as to principal (i.e. separation/divorce) and ancillary relief. As to the latter the three options which are open to divorcing spouses are either:

  • Spouses agree unobjectionable and reasonable terms regarding all outstanding issues,
  • they fail to settle any terms at all, or to arrange sufficient and lawful provisions, so that the court will (on divorce) impose its solution; or
  • they choose a middle way: to settle and present their solution to the court, for incorporation in a court order (consent order).

The previous (supervisory) role of the court in such proceedings will be outlined and compared to the present position - in this context, the „information principle“ is of major importance. The doctrine of collusion is interpreted as a judicial sanction to ensure that the parties would keep to certain bargaining standards and that the court is provided with the required information.

Ihr Werk im Verlag Dr. Kovač

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