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To Have And To Hold, For Richer Or Richer: Premarital Agreements In The Comparative Context, Margaret Ryznar, Anna Stępień-Sporek
To Have And To Hold, For Richer Or Richer: Premarital Agreements In The Comparative Context, Margaret Ryznar, Anna Stępień-Sporek
Margaret Ryznar
The premarital agreement, perhaps one of the world’s most unromantic documents, also happens to be quite powerful and complex. Although its most highly-publicized use has been to control post-divorce property division, the premarital agreement’s most significant importance is in its power to circumvent the statutory defaults governing spouses’ rights and responsibilities not only during divorce or death, but also during marriage. However, the enforceability of premarital agreements is subject to procedural and substantive review in the United States. Such agreements also raise universal public policy issues with regard to the meaning of fairness and the limits on freedom of contract. …
The Pursuit Of Life, Liberty, Happiness…And Fairness? Property Division In American And English Big Money Divorce Cases, Margaret Ryznar
The Pursuit Of Life, Liberty, Happiness…And Fairness? Property Division In American And English Big Money Divorce Cases, Margaret Ryznar
Margaret Ryznar
Eyebrows have recently arched not only at the high sums involved in big money divorce cases, but also at the amount of ink spilled on this relatively small subset of divorce cases. Yet, it is precisely in big money cases that fairness acquires substantial haziness. Is it fair for a high-wage earner to pay an ex-spouse half of his future profits? Or, would it be fairer for the ex-spouse to be awarded less than half, but still receive millions of dollars? Such questions are particularly acute in short marriages or when one spouse is at fault for the divorce. Courts …