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Journal articles on the topic 'Prenuptial'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Sinaga, Desimawati. "IMPLIKASI YURIDIS TERKAIT PERAN NOTARIS DALAM PENGESAHAN PERJANJIAN PERKAWINAN DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015." DE RECHTSSTAAT 6, no. 2 (October 29, 2020): 99–111. http://dx.doi.org/10.30997/jhd.v6i2.2648.

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Prenuptial Agreement has been changed by the Constitutional Court Decision Number 69/PUU-XIIII/2015. This decision issued toward a suit made by a woman named Ike Farida, who is married to a man with different nationality without making Prenuptial Agreement. This research aims to ascertain the legal standing of Prenuptial Agreement and the authority of Notary in legalizing Prenuptial Agreement after the establishment of Constitutional Court Decision Number 69/PUU-XIIII/2015.This research uses normative legal method through the statute approach and secondary data analysis. This research comprises two phases, there are conducting literature review to learn the regulation of the authority of Notary in legalizing Prenuptial Agreement after the establishment of Constitutional Court Decision Number 69/PUU-XIIII/2015 and various literature. Afterward, researcher established a field research method by interviewing Notary, the Official of Office of Religious Affairs (Kantor Urusan Agama) and the Official of Civil Registry Office (Dinas Kependudukan or Kantor Catatan Sipil).The Constitutional Court Decision Number 69/PUU-XIIII/2015 permits married couple to make Prenuptial Agreement after the marriage ceremony. Additionally, the Agreement may be canceled based on their consent as long as it does not inflict a financial loss to the third party. Subsequently, since the establishment of such Decision, the Legalization of Prenuptial Agreement by Notary is no longer similar to Prenuptial Agreement Legalization established by the Staff of Marriage Registry. The Notary does have authority to make an Authentic Deed concerning Prenuptial Agreement in question, and such Deed will be used for Prenuptial Agreement registration in the Office of Religious Affairs and Civil Registry Office. However, the Deed in question must legalized by the Staff of Marriage Registry hence it binds the third party.Key words: Prenuptial Agreement, Legalization, Notary, The Constitutional Court Decision Number 69/PUU-XIIII/2015.

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2

Sergeeva, Anna, Alla Pryaluhina, Olga Tuzova, and Tamara Tuchkova. "SOCIO-PSYCHOLOGICAL FACTORS DEFINING THE ATTITUDE OF RUSSIAN PEOPLE TOWARDS PRENUPTIAL AGREEMENT." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 7 (May 21, 2019): 122. http://dx.doi.org/10.17770/sie2019vol7.3893.

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In the modern world the institution of family and marriage is undergoing various changes. The attitude of Russian people towards the prenuptial agreement shows a tendency for acceptance and approval. The stereotypical perception of the prenuptial agreement as unacceptable between close people is in the past. Based on that, the article is focused on the comparative analysis of the factors that define the attitude of Russian people towards the prenuptial agreement. The key point in the research is evaluation of specific features of respondents’ opinions, expressed in the years of 2007 and 2018, in accordance with the following socio-psychological factors: awareness of the prenuptial agreement, aims for signing one or reasons to refuse doing so, gender and age factors. Research methods include: a preliminary survey of couples in order to define sample groups, a questionnaire, observation, a mathematical method of data analysis (Fisher’s φ-criterion). The research was conducted in two stages: the first diagnostics in the year 2007 (n=40 couples), and the second – in 2018 (n=50 couples). The respondents were divided into groups by the social status of their relationships: officially married, planning to get married, co-habiting couples and partner (guest) relationships. The age of respondents was 18-47. The results of the research showed the following: increase in age leads to clearer understanding and a better expressed opinion about the prenuptial agreement, positive dynamics in favourable perception of prenuptial agreement among the respondents who are officially married or are planning to marry, increased importance of motives for signing a prenuptial agreement – “protection of one’s own interests” and “opportunity to put pressure on the spouse”, lack of connection between the attitude towards prenuptial agreement and awareness of the document.

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3

Hariss, Abdul, and Nurul Wulan Kasmara. "Tinjauan Yuridis Akibat Hukum Perjanjian Harta Bersama yang Dibuat Oleh Suami Istri Setelah Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015." Wajah Hukum 3, no. 1 (April 30, 2019): 65. http://dx.doi.org/10.33087/wjh.v3i1.56.

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A marriage is a commitment between two people, in this case a man and woman, with material purpose to build a happy and everlasting family (household) based on Belief in the one and only God which is the first principle of Pancasila(Five Principles). Asset/property issue may arise due to marriage. The development of society’s mindset lead them to enter into a prenuptial agreement before they get married considering that both husband and wife are able to earn asset/property. Besides that, there are many other reasons to enter into a prenuptial agreement. Basically there is no mixture of wealth in marriage between husband and wife. The bconcept of shared assets originally came from customsnor traditions that developed in indonesia. This concept is then suported by islamic law and positive laws that apply in our country. Then a joint proprty agreement was made. Prenuptial Agreement is an agreement which is made by two people (betrothed couple) before they get married. Prenuptial Agreement had been stipulated in Article 29 Law No. 1 of 1974. However, since the Constitutional Court issued the Decision No. 69/PUU-XIII/2015, Prenuptial Agreement has several modifications which are presently being pros and cons in society. The matter which is being researched in this thesis is: what is the legal consequence of a prenuptial agreement which is made after marriage and based on the Decision of Constitutional Court No. 69/PUU-XIII/2015. The approach method which is used herein is normative legal research. The law material sources are primary law material and secondary law material in form of books and Legislation. Data analyses used in this research are processing and analyzing the data qualitatively andthen descriptively drawn up. The result of this research found the differences between Prenuptial Agreement which is stipulated in Article 29 Law No. 1 of 1974 and the Prenuptial Agreement which is stipulated in the Decision of Constitutional Court No. 69/PUU-XIII/2015

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4

Krone, Sharon P. "Annotated Bibliography: Prenuptial Agreements." Family Business Review 10, no. 2 (June 1997): 179–84. http://dx.doi.org/10.1111/j.1741-6248.1997.00179.x.

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5

Mendoza, Drew S., and Sharon P. Krone. "An Interview with Judy G. Barber: Prenuptial Agreements, Intimacy, Trust and Control." Family Business Review 10, no. 2 (June 1997): 173–78. http://dx.doi.org/10.1111/j.1741-6248.1997.00173.x.

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A business-owning family and a soon-to-be-wed couple often face two mutually exclusive goals that seem impossible to reconcile. On the one hand, a couple considering marriage wants to believe that love alone will keep them together. On the other hand, statistics today say there is a good chance the relationship will not last. A prenuptial agreement provides the protection an individual or the family may want against a possible divorce, but the process by which the document is introduced and negotiated can deplete the relationship of intimacy. How can a woman from a wealthy business-owning family express and reinforce the emotional commitment and trust she has for her partner while presenting a prenuptial agreement] How can a son administer a prenuptial agreement to his fiancee without controlling the process or outcome of his spouse's financial welfare] How can a family require a prenuptial agreement without jeopardizing their future relationship with the newlyweds] In the following interview, Judy Barber, a consultant and licensed marriage and family counselor specializing in the psychology of money, outlines several recommendations for families and couples who are considering a prenuptial agreement.

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6

Rainer, Helmut. "Should we write prenuptial contracts?" European Economic Review 51, no. 2 (February 2007): 337–63. http://dx.doi.org/10.1016/j.euroecorev.2006.02.001.

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7

Muttaqin, Muhammad Ngizzul, and Miftah Rosadi. "Perlindungan Perempuan Melalui Perjanjian Pra Nikah (Respon Terhadap Isu Hukum dan Gender)." Al-Maiyyah : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 13, no. 1 (June 5, 2020): 51–63. http://dx.doi.org/10.35905/al-maiyyah.v13i1.709.

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Facing problem and misunderstanding in family becomes a necessity and humane. The goal of harmonious and happy family is a necessity and an order from the law. One of the mandates given by the law in order to overcome problems in the household is the “marriage agreement”. In the contemporary era, marriage agreements are needed in order to protect the interests of women. Where women in contemporary gender issues have the same roles and abilities as men. This study uses descriptive-qualitative analysis through library research, where this paper seeks to reveal the importance of prenuptial agreements as an effort to protect women’s interest in response to contemporary law and gender issues. The findings in this study indicates that women’s protection can be minimized and anticipated by prenuptial agreements. While in legal and gender issues, prenuptial agreements can be done before and after marriage to regulate all the things needed by both parties eliminate discrimination and oppression of women.

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8

Buckley, Lucy-Ann. "Autonomy and prenuptial agreements in Ireland: a relational analysis." Legal Studies 38, no. 1 (March 2018): 164–86. http://dx.doi.org/10.1017/lst.2017.11.

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AbstractUnlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding the balance between autonomy and fairness concerns, and gender equity. In 2007, an Irish ministerial Study Group recommended limited recognition of prenuptial agreements, foreshadowing similar proposals by the Law Commission for England and Wales in 2014. However, the Irish recommendations were never implemented, despite sustained lobbying. This paper draws on relational theory to scrutinise the Study Group's proposals, identifying its core assumptions and their implications. The paper contends that Irish courts dealing with spousal agreements have tacitly accepted liberal conceptualisations of autonomy, which may lead to injustice. Furthermore, the Study Group's recommendations have been overtaken by events. Recent decisions on spousal agreements emphasise respect for party autonomy, without interrogating what this means. This could be problematic if applied to prenuptial agreements. Accordingly, the paper suggests modifications to the Study Group's proposals, to address relational concerns. In this regard, the paper speaks to the broader debate on family autonomy, and draws on comparative perspectives, including the recommendations of the Law Commission for England and Wales, and the Canadian experience.

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9

Escribano, Celia Martinez. "Violence in Spanish divorce and prenuptial agreements." International Journal of Liability and Scientific Enquiry 4, no. 2 (2011): 170. http://dx.doi.org/10.1504/ijlse.2011.041985.

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10

Ashur, Amir. "Legal Documents: How to Identify Prenuptial Agreements." Jewish History 32, no. 2-4 (August 29, 2019): 441–49. http://dx.doi.org/10.1007/s10835-019-09321-7.

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11

Robin, Jean. "Prenuptial pregnancy in a rural area of Devonshire in the mid-nineteenth century: Colyton 1851–1881." Continuity and Change 1, no. 1 (May 1986): 113–24. http://dx.doi.org/10.1017/s0268416000000096.

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The popularly held belief that in Victorian times a rigid code of sexual behaviour was in operation throughout the country, and that transgression of the code resulted in loss of respectability, has been under attack for some time now. One of the weapons used in the assault has been the extent of prenuptial pregnancy during the period compared with earlier centuries. In the first of his two papers on prenuptial pregnancy in England, published in 1966, P. E. H. Hair demonstrated that the phenomenon was of long duration. Roughly one-third of his sample of 1,855 brides traced to a maternity between the late sixteenth and early seventeenth centuries had been pregnant at marriage, and he considered that this was an under-estimate of the true proportion. Data from a number of reconstitution studies published in a recent work edited by Laslett, Oosterveen and Smith show that prenuptial pregnancies, measured in 50-year periods from 1550–1849, peaked in the second half of the sixteenth century at 31 per cent of all marriages traced to the birth of a child, only to decline over the next hundred years through the heyday of Puritanism and beyond to their nadir of 16 per cent by the end of the seventeenth century. From the early eighteenth century onwards, however, the proportion of such pregnancies increased, at first slowly and then gathering pace until by 1800 the previous peak at the end of the sixteenth century had been passed, the proportion of prenuptial pregnancies standing at 33 per cent. The rate continued to rise through the early years of the nineteenth century into the Victorian era, reaching 37 per cent for the 50 years ending in 1849.

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12

Khairunnisa, Fitri. "The Authority On Endorsement Of Marriage Agreement Between Indonesian And Foreign Citizen Which Made Abroad." Unram Law Review 2, no. 2 (October 20, 2018): 108–25. http://dx.doi.org/10.29303/ulrev.v2i2.41.

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Every citizen is entitled to marry with anyone either with fellow Indonesian Citizens or with Foreign Citizens (WNA), as long as the marriage is held in accordance with the provisions of applicable law in Indonesia. The method of this research using a normative legal method which are conducted the file through library conduct and regulation, by find the meaning and requirement to do the prenuptial agreement. a prenuptial agreement is an agreement between two person to arrange their personal property made before, during or after marriage, and authorized by the marriage registry officer. The marriage agreement, which was then made abroad, then created a problematic one for who was authorized to legalize the marriage agreement to then have legal force in Indonesia.

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13

Antón Juarez, Isabel. "Acuerdos prematrimoniales en previsión de ruptura matrimonial: el test conflictual y material a tener en cuenta para que un acuerdo prematrimonial supere una revisión judicial ante tribunales españoles = Premarital agreements in anticipation of marital breakdown: the conflictual and material test to take into account so that a prenuptial agreement passes a judicial review before Spanish Courts." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 82. http://dx.doi.org/10.20318/cdt.2019.4615.

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Resumen: Los acuerdos prematrimoniales internacionales en previsión de ruptura son acuerdos cada vez más utilizados. Sin embargo, su frecuencia no hace que sean acuerdos fáciles a la hora de su ejecución. Esta situación suele tener lugar porque tras la ruptura uno de los cónyuges no suele estar de acuerdo con lo establecido años atrás en el acuerdo prematrimonial. En el caso de que el peor escenario se plantee y sea necesario acudir a los tribunales, es importante tener en cuenta qué aspectos o requisitos son importantes para que el acuerdo supere una revisión judicial. Estos requisitos se van a plantear desde una doble vertiente: conflictual y material.Palabras clave: acuerdo prematrimonial, divorcio, régimen económico matrimonial, ley aplicable.Abstract: International prenuptial agreements in anticipation of rupture are increasingly used agreements. However, their frequency does not make them easy agreements at the time of their enforcement. This situation usually takes place because after the divorce one of the spouses does not usually agree with what was established years ago in the prenuptial agreement. In the event that the worst scenario arises and it is necessary to go to court, it is important to consider what aspects or requirements are important for the agreement to pass judicial review. These requirements will be raised from a double perspective: conflictual and material.Keywords: prenuptial agreement, divorce, matrimonial property regime, aplicable law.

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14

Marston, Allison A. "Planning for Love: The Politics of Prenuptial Agreements." Stanford Law Review 49, no. 4 (April 1997): 887. http://dx.doi.org/10.2307/1229339.

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15

Goff, Debra A., and Marc Mendelson. "Is it time for an antibiotic prenuptial agreement?" Lancet Infectious Diseases 14, no. 12 (December 2014): 1168–69. http://dx.doi.org/10.1016/s1473-3099(14)70992-2.

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16

Cardoso, Márcio Zikán, James J. Roper, and Lawrence E. Gilbert. "Prenuptial agreements: mating frequency predicts gift-giving inHeliconiusspecies." Entomologia Experimentalis et Applicata 131, no. 2 (May 2009): 109–14. http://dx.doi.org/10.1111/j.1570-7458.2009.00837.x.

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17

Herremans, Marc. "Prenuptial moult of migrant Water Pipits in central Belgium." Ringing & Migration 8, no. 3 (December 1987): 129–34. http://dx.doi.org/10.1080/03078698.1987.9673912.

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18

Pezzo, Francesco, and Andrew G. Gosler. "Evidence of prenuptial moult in the Little BitternIxobrychus minutus." Ringing & Migration 22, no. 3 (January 2005): 129–32. http://dx.doi.org/10.1080/03078698.2005.9674320.

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19

Kaslow, Florence. "Enter the prenuptial: A prelude to marriage or remarriage." Behavioral Sciences & the Law 9, no. 4 (1991): 375–86. http://dx.doi.org/10.1002/bsl.2370090403.

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20

Indah, Harly Pratiwi, and Desmiwarti Desmiwarti. "Efektifitas Konseling Kesehatan Reproduksi Terhadap Peningkatan Pengetahuan Kesehatan Reproduksi Pasangan Calon Pengantin di KUA Kota Padang." JOURNAL OBGIN EMAS 2, no. 2 (November 28, 2019): 74–77. http://dx.doi.org/10.25077/aoj.2.2.74-77.2018.

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Objective : To find out the effectiveness of reproductive health counseling on reproductive health knowledge for bride and groom couples in the KUA, Padang City, October 2017 - March 2018.Methods : This study is an analytical study using a cross-sectional study design with a population, namely couples who received prenuptial counseling and a sample of respondents who received prenuptial counseling at KUA Padang City during the period October 2017 - March 2018. The sample was taken using simple random sampling technique. The data were taken from post counseling questionnaires that were distributed to the prospective bride and groom couples. Data were analyzed by univariate and bivariate using chi-square test and independent T test with 95% CI. The research results are presented in tabular form.Results : During the study period, 147 respondents were given a post-counseling questionnaire on reproductive knowledge. It is known that more than half of the respondents (61.2%) had a low level of education, namely elementary, junior high and high school education, while 38.8% of respondents had higher education, namely at the diploma, undergraduate and postgraduate levels. Of the 147 respondents, more than half (79.6%) with a high level of knowledge about reproductive health after being given prenuptial counseling and all respondents (100%) stated that premarital counseling was beneficial. And it can be concluded that there is no difference in the mean age between respondents with high knowledge of reproductive health after being given counseling with low knowledge (p> 0.05). The results of the analysis showed that there was a significant relationship between the education level of the respondents and knowledge about reproductive health after being given counseling (p <0.05).Conclusion : More than half of the respondents (79.6%) have a high level of knowledge about reproductive health after being given pre-marital counseling on reproductive health.Keywords: Pre-marital Counseling, Reproductive Health

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21

Sharaby, Rachel. "Significance of Prenuptial Rituals as Ethnic Definitional Ceremonies among Immigrants." Advances in Anthropology 07, no. 02 (2017): 55–78. http://dx.doi.org/10.4236/aa.2017.72005.

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22

DODAJ, Blerina. "Regulation of the Dessolution Marriage Consequences by the Prenuptial Agreement." European Journal of Multidisciplinary Studies 4, no. 1 (January 21, 2017): 72. http://dx.doi.org/10.26417/ejms.v4i1.p72-77.

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The statistics shows an increase of divorce number, assigns each of us, scholars of the law, lawmakers, applicators of the legal norms, to find an appropriate way to regulate every consequence that derives from the process of divorce. It is obvious that the known social problem of divorce affects a considerable number of subjects, starting from those directly implicated in the process or other third persons, whom interacted in a way or another with the subjects of the divorce itself. This process directly affects the spouses and children, if there are any, by considering for them not only the conclusion of an actual status but also as the beginning of a new life that both have its bright and dark aspects.

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23

Clark, Brigitte. "Prenuptial contracts in English law: capricious outcomes or legislative clarification?" Journal of Social Welfare and Family Law 32, no. 3 (September 2010): 237–45. http://dx.doi.org/10.1080/09649069.2010.520516.

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24

Frémeaux, Nicolas, and Marion Leturcq. "Prenuptial agreements and matrimonial property regimes in France, 1855–2010." Explorations in Economic History 68 (April 2018): 132–42. http://dx.doi.org/10.1016/j.eeh.2017.10.004.

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25

Wada, Satoshi, Atsushi Ito, and Azusa Mima. "Evolutionary significance of prenuptial molting in female Pagurus hermit crabs." Marine Biology 152, no. 6 (July 27, 2007): 1263–70. http://dx.doi.org/10.1007/s00227-007-0773-2.

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26

Serwint, Nancy. "The Female Athletic Costume at the Heraia and Prenuptial Initiation Rites." American Journal of Archaeology 97, no. 3 (July 1993): 403. http://dx.doi.org/10.2307/506363.

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27

Hamilton, Gillian. "Property Rights and Transaction Costs in Marriage: Evidence from Prenuptial Contracts." Journal of Economic History 59, no. 1 (March 1999): 68–103. http://dx.doi.org/10.1017/s0022050700022294.

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I examine prenuptial contracting behavior in early-nineteenth-centuiy Quebec to explore property rights within families and the efficacy of marital property laws. Drawing on a transaction cost framework, I examine the decision to sign a contract and couples' property rights choices. I find, for example, that couples signing contracts tended to choose joint ownership of property when wives were particularly important to the household. These findings illustrate the potential effects of legal institutions on individuals' behavior (such as the importance of family labor, human capital acquisition, and even mating decisions) and the value of a flexible legal environment.

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28

Habibi, Nader. "An Economic Analysis of the Prenuptial Agreement ("Mahrieh") in Contemporary Iran." Economic Development and Cultural Change 45, no. 2 (January 1997): 281–93. http://dx.doi.org/10.1086/452274.

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29

NASHERI, H. "PRENUPTIAL AGREEMENTS IN THE UNITED STATES: A NEED FOR CLOSER CONTROL?" International Journal of Law, Policy and the Family 12, no. 3 (December 1, 1998): 307–22. http://dx.doi.org/10.1093/lawfam/12.3.307.

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30

Monger, George. "Prenuptial rituals in Scotland: Blackening the bride and decorating the hen." Folklore 132, no. 2 (April 3, 2021): 220. http://dx.doi.org/10.1080/0015587x.2021.1909947.

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31

Gordon, Sara C., Linda M. Kaste, Andrei Barasch, Monika M. Safford, W. Choong Foong, and Adry ElGeneidy. "Prenuptial Dental Extractions in Acadian Women: First Report of a Cultural Tradition." Journal of Women's Health 20, no. 12 (December 2011): 1813–18. http://dx.doi.org/10.1089/jwh.2011.3074.

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32

Ambrus, Attila, Erica Field, and Maximo Torero. "Muslim Family Law, Prenuptial Agreements, and the Emergence of Dowry in Bangladesh*." Quarterly Journal of Economics 125, no. 3 (August 2010): 1349–97. http://dx.doi.org/10.1162/qjec.2010.125.3.1349.

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33

Khorasani, Ramin. "You need a prenuptial agreement in your PACS contract: Here is why." Journal of the American College of Radiology 2, no. 2 (February 2005): 196–97. http://dx.doi.org/10.1016/j.jacr.2004.11.002.

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34

Triana Rosalina Noor and Wenika Agustitia. "Pendampingan Persiapan Psikologis Pranikah pada Calon Pasangan Pengantin Muslim melalui Kursus Calon Pengantin (Suscatin) Berbasis Komunitas di Kelurahan Jambangan Kota Surabaya." Engagement : Jurnal Pengabdian Kepada Masyarakat 2, no. 1 (May 30, 2018): 9–25. http://dx.doi.org/10.29062/engagement.v2i1.20.

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Individual wishing a happy marriage, this can be achieved with effort and hard work. One effort that can be done to achieve a happy marriage is to have the right information about married life, thereby can bring up individual awareness that not always marriage is happy, and not always marriage always faces problems. The existence of premarital knowledge will make the individual has readiness in the face of the dynamics of marriage, more able to accept the reality of marriage life and can improve the quality of marriage. This dedication was held in January-March 2017. As for prenuptial psychological counseling process was done by preparing the module book containing the material related to the marriage life that would be discussed and discussed in the mentoring process in the guidance counseling session. The location of the research took place at RW 1 Keluahan. Jambangan Surabaya. These mentoring groups were five prospective Muslim couples who would be married within a period of <6 months and between 6-12 months. The result of this mentoring was that the preparation of prenuptial psychological preparation for Muslim couples was one of the right ways to help the stability of prospective couples before marriage. Through the mentoring that used of module books and counseling process, could facilitate the prospective couples in opening insights about the marriage life, so that it could formulate how the family settings they would build.

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35

Gargallo, G. "Evidence for partial prenuptial moult in adult and first-year Penduline TitsRemiz pendulinus." Bird Study 43, no. 2 (July 1996): 157–63. http://dx.doi.org/10.1080/00063659609461008.

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36

Maia, Rafael, and Regina H. Macedo. "Achieving luster: prenuptial molt pattern predicts iridescent structural coloration in Blue-black Grassquits." Journal of Ornithology 152, no. 2 (August 25, 2010): 243–52. http://dx.doi.org/10.1007/s10336-010-0576-y.

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37

Myskin, Anton V. "On the Admissibility of Conclusion of Two and More Prenuptial Agreements by Spouses." Family and housing law 1 (January 14, 2021): 11–15. http://dx.doi.org/10.18572/1999-477x-2021-1-11-15.

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Can a husband and wife in a registered marriage enter into two or more marriage agreements with each other? What if such consistent marriage agreements do not contradict each other? What, then, should be done if the marriage contracts in question contain substantive contradictions? Could the question be raised of invalidating marriage contracts? It is the search for answers to these questions that this article is devoted to.

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38

Krasnow, Henry C., and Robin L. Wolkoff. "Three Proposals for Interdisciplinary Study." Family Business Review 11, no. 3 (September 1998): 267–74. http://dx.doi.org/10.1111/j.1741-6248.1998.00267.x.

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This article suggests research to determine whether more valuable legal advice can be given in three areas. The emotional distress caused by prenuptial agreements to people under 30 years old who are marrying for the first time is not justified because these agreements often do not accomplish their intended goals. Regarding estate planning, business owners and their lawyers often focus primarily on tax savings without considering the long-term impact of the estate plan on the family business. Finally, the advantages to the family business of agreements for the buyout of disgruntled minority shareholders are discussed.

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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (September 1, 2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.

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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.

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Voena, Alessandra. "Yours, Mine, and Ours: Do Divorce Laws Affect the Intertemporal Behavior of Married Couples?" American Economic Review 105, no. 8 (August 1, 2015): 2295–332. http://dx.doi.org/10.1257/aer.20120234.

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This paper examines how divorce laws affect couples' intertemporal choices and well-being. Exploiting panel variation in US laws, I estimate the parameters of a model of household decision-making. Household survey data indicate that the introduction of unilateral divorce in states that imposed an equal division of property is associated with higher household savings and lower female employment, implying a distortion in household assets accumulation and a transfer toward wives whose share in household resources is smaller than the one of their husband. When spouses share consumption equally, separate property or prenuptial agreements can reduce distortions and increase equity. (JEL D13, D14, D91, J12, J16, K36)

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Promitzer, Christian. "Degeneration, Darwinism and the Development of Eugenics in Bulgaria (1890–1929)." East Central Europe 38, no. 1 (2011): 44–63. http://dx.doi.org/10.1163/187633011x570774.

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AbstractThe article treats the historical appearance of eugenic thinking in Bulgaria within debates on the notion of degeneration and on Darwinism since the early 1890s. Due to the marginal role of industry and urbanity in a widely rural country, such eugenic ideas initially only attracted a minority among Bulgarian intellectuals who followed similar debates in Russia. In the wake of Bulgaria's defeat in the First World War the focus of eugenic thinking shifted from the left to the right wing of the political specter with German racial hygiene as a new landmark. The article ends with the Bulgarian health legislation of 1929 which introduced voluntary prenuptial health certification.

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Li, L. "Be Prepared in Advance: A Case for Allowing Binding Prenuptial Agreements in Hong Kong." International Journal of Law, Policy and the Family 28, no. 3 (July 30, 2014): 339–62. http://dx.doi.org/10.1093/lawfam/ebu003.

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Dolinskaya, V. V. "Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation." Legal Science in China and Russia, no. 4 (September 16, 2021): 9–14. http://dx.doi.org/10.17803/2587-9723.2021.4.009-014.

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The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

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Beroud, T., J. Druais, Y. Bay, and J. C. Ricci. "Visual counts, bioacoustics and RADAR: three methods to study waterfowl prenuptial migration in Southern France." Animal Biodiversity and Conservation 35, no. 2 (December 2012): 175–88. http://dx.doi.org/10.32800/abc.2012.35.0175.

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This study comes from four years (2006–2009) of monitoring on two sites during the prenuptial migration. On each site, a monitoring of 24 hours per each 10–day period from the second 10–day period of January (J2), though February (F1–F3) and March (M1–M3), up to the first 10–day period of April (A1). Monitoring was carried out by RADAR (FURUNO FAR2127), associated with nocturnal bioacoustics recordings, and visual censuses on the same areas. The monitoring effort was considerable: visual counts carried out represent 282 counts–sites (n = 262,030 ducks counted), bioacoustics detected 9,573 calls during 814 hours of nocturnal recording and RADAR recorded 67,368 echoes on a set of 2,128 hours of monitoring. Visual counts showed a decline in the number of birds from late January/early February. Two patterns were observed with the nocturnal recordings with a maximum or a minimum of the value of bioacoustics index on F2 and F3, depending on the years. RADAR, the most relevant method for tracking of bird movements at a population level, identified two different abundance peaks using variables ‘flight altitude > 400 m’ and ‘flight direction towards north–east/south–east’, considered as characteritics of the prenuptial migration. The first peak was detected during F1 on Site 1 only in 2007 (once every four years) and during F2 on Site 2 only in 2006 (once every four years). A second peak with a higher number of echoes was recorded on M1 (Site 1) and on M2 (Site 2). Although all methods may suffer from different biases, the combination of two new technologies complementary to visual counts provided reliable and updated data for waterfowl migration in the Mediterranean area.

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Pratama, Adhitya Dimas. "KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA." Jurnal Panorama Hukum 3, no. 2 (December 9, 2018): 247–63. http://dx.doi.org/10.21067/jph.v3i2.2828.

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Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance agreement treasure to land ownership and settlement of land ownership issues arising from mixed marriage without separation agreement treasure. The method used is a normative legal research, namely legal research done by researching library materials or secondary law while in locating and collecting data is done by two approaches, namely legislation and conceptual approaches. The results showed that the legal consequences of intermarriage in the absence of agreement separating property to the ownership rights to the land after the enactment of Law No. 1 of 1974 About the marriage, property acquired during the marriage is community property as engaging joint property so that if it is not made an prenuptial agreement the property rights to land shall be released within a period of one (1) year or the land falls to the state. The resolution attempts to do to the problems of land ownership arising from mixed marriages without the agreement split the treasure is in the form of drafting of a treaty mate after marriage or reduction of land rights from property rights into rights of use in accordance with the provisions of that kind of tenure, which may possess by someone follow the status of their land rights subjects in accordance with the provisions of the legislation

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Nurhayati, Yati, and Ifrani Ifrani. "The Legal Consequences Regarding The Execution Of Joint Property Land Obtained Due Transnatiional Marriage In Indonesian Positive Law." Lambung Mangkurat Law Journal 3, no. 1 (March 31, 2018): 120. http://dx.doi.org/10.32801/lamlaj.v3i1.66.

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The arising issues of transnational marriage in Indonesia, that is frequent is related to the land ownership of Indonesian Citizen (WNI). The research method that is used is a normative juridical approach which analyzed based on the jurisprudence. Based on Indonesian positive law, the citizen who in the transnational marriage without prenuptial agreement, the rights status of his/her land in the form of property acquired jointly be equalized to his/her partner is only the rights to use. The partition of land property acquired jointly when divorce occurs in a transnational marriage beyond the specified period time by the Indonesian Positive Law is not applicable based on article 21 paragraph (3) of UUPA

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Hayward, Andy. "Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice." Journal of Social Welfare and Family Law 38, no. 4 (September 29, 2016): 480–82. http://dx.doi.org/10.1080/09649069.2016.1239600.

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Kha, Henry. "Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice." King's Law Journal 29, no. 2 (May 4, 2018): 328–30. http://dx.doi.org/10.1080/09615768.2018.1502389.

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Rowan, Eleanor. "A ‘Thorne’ in the side for family lawyers in Australia: undue influence and prenuptial contracts." Journal of Social Welfare and Family Law 40, no. 2 (April 2018): 238–40. http://dx.doi.org/10.1080/09649069.2018.1451024.

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Dailey, Anne C. "Imagination and Choice." Law & Social Inquiry 35, no. 01 (2010): 175–216. http://dx.doi.org/10.1111/j.1747-4469.2009.01181.x.

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Individual choice is a central feature of the psychological portrait drawn by nearly every established school of thought in modern American jurisprudence. Legal scholars are increasingly interested in piercing the conceptual surface of choice to inquire into its actual psychological workings. The study of choice in this emerging behavioral legal scholarship draws primarily from cognitive psychology. This article argues that this important inquiry into choice should be broadened to include modern psychoanalytic ideas about imagination. An example of the importance of a psychoanalytic perspective on imagination is provided by the law governing the enforceability of prenuptial agreements. As this discussion illustrates, psychoanalytic psychology, in conjunction with research from the cognitive sciences, provides a valuable framework for examining assumptions about individual choice in law.

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