Prenuptial agreements in comparative perspective

Thompson, Sharon ORCID: https://orcid.org/0000-0002-2569-856X 2024. Prenuptial agreements in comparative perspective. Probert, Rebecca and Thompson, Sharon ORCID: https://orcid.org/0000-0002-2569-856X, eds. Research Handbook on Marriage, Cohabitation and the Law, Research Handbooks in Family Law series, Edward Elgar,

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Abstract

This chapter reviews the legal status of prenups in England and Wales in comparison with the US, in particular the adjudication and enforcement of such agreements in New York. New York is a useful comparator given it is a jurisdiction with rich experience of binding prenups, as well as having a default system of financial remedies law that is analogous with that in England and Wales. The purpose of this comparative exercise is to review the case for reform of the law applicable to prenups in England and Wales, reflecting upon the experience of these agreements in New York and whether there are lessons to be learned. In comparing these two jurisdictions, there are elements of New York law that merit consideration if prenups are to be made binding under legislation in England and Wales.

Item Type:	Book Section
Date Type:	Publication
Status:	In Press
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Edward Elgar
ISBN:	978 1 80220 264 9
Last Modified:	26 Jan 2024 16:30
URI:	https://orca.cardiff.ac.uk/id/eprint/164816

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