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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Law and Policy in Modern Family Finance - Property Division in the 21st Century (Hardcover)
Loot Price: R2,744
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Law and Policy in Modern Family Finance - Property Division in the 21st Century (Hardcover)
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Law and Policy in Modern Family Finance - Property Division in the
21st Century adopts a conceptual approach to address key questions
about the legal division of property when a marriage, civil union,
de facto relationship, or other close personal relationship ends.
These questions include: which relationships should be subject to a
statutory regime; which property should be shared; whether property
held on trust should be included; how property should be shared;
how economic disparity caused by the division of functions within
the relationship should be addressed, if at all; whether, and if so
to what extent, the interests of children of the relationship
should be considered; whether parties should be allowed to contract
out of a statutory regime and, if so, whether such contracts should
be binding; and whether death should be treated in the same way as
relationship break-down.The authors use New Zealand's current
legislative framework as a basis for critical analysis and
reflection. Despite New Zealand's Property (Relationships) Act 1976
being hailed as socially progressive legislation when it was
enacted, there is concern in New Zealand that its property sharing
regime no longer meets society's needs and expectations. However,
issues of fairness, equality, and modern complexities in the
division of relationship property are not unique to New Zealand.
Other jurisdictions are facing similar problems, including
Australia, England and some continental European countries.The
inclusion of internationally recognised relationship property
experts from England, Australia and Germany ensures the utility of
the book for international audiences, making it of interest to law
reformers, academics, the judiciary, the legal profession, and law
students everywhere in the world.
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