Marital Agreements and Private Autonomy in Comparative Perspective

Hart has published the book Marital Agreements and Private Autonomy in Comparative Perspective, edited by Dr Jens Scherpe.

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements.

The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principles and makes recommendations for regulating marital agreements.

For more information about this book, please refer to the Hart Publishing website.

This book is available to purchase from Heffers:

For information about this book and other publications by Dr Scherpe, see his Faculty Profile.