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Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher
Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher
Law Faculty Publications
Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.
However, unless the antenuptial agreement provisions fall squarely within this …
Joint Custody, Carolyn S. Bratt
Joint Custody, Carolyn S. Bratt
Law Faculty Scholarly Articles
Shared custody has traditionally been looked upon with disfavor by the courts. Similarly, some professionals in the field of child development oppose the concept of shared custody. There are, however, several advantages to shared custody. The legal system benefits, as judges escape the unenviable task of playing Solomon. The child benefits because both parents continue to have a voice in the child’s upbringing, and the child continues to enjoy the love, advice, and companionship of both parents. In addition, because both parents share the responsibility of child raising, neither is faced with the loss of self-esteem which results from being …