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Sharing Lives, Dividing Assets - An Inter-Disciplinary Study (Paperback, New)
Loot Price: R3,765
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Sharing Lives, Dividing Assets - An Inter-Disciplinary Study (Paperback, New)
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With many couples separating each year, the question of how to
determine the financial and property consequences of such
separation has always been a problem area within family law. Should
the principles be the same for married and cohabiting couples?
Should the division of assets reflect the parties' own expectations
or norms imposed by society? These are just two of the questions
which the essays in this collection seek to explore. Recent cases
in the House of Lords have seen willingness on the part of the
judges to seek out empirical studies to inform their deliberations,
but if the law is to engage with empirical data then much more
information is needed, both about the arrangements people make
during their relationships, and about the impact of the law when a
relationship breaks down. This inter-disciplinary work brings
together leading academics in the fields of law, economics,
sociology and psychology in an attempt to provide some of the
missing empirical information. Part I sets out the legal framework
and identifies the importance of empirical studies for this area.
Part II examines how couples (whether cohabitants or spouses)
manage their money during their relationships. Part III then
considers the impact that the law currently has on separating
couples - examining how legal principles translate into reality and
what their consequences are for the parties. Finally, Part IV
considers the issue of legal rationality: it may be rational for
the law to be shaped by patterns of behaviour, but how far will
individual couples allow their behaviour to be shaped by the law?
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