The account begins with the development of the medieval Catholic canon law of marriage in an effort to combat the phenomenon of "secret marriage." Indeed, Witte reveals that prior to the systematization of the canon law and the sacraments, couples could proclaim themselves to be married with none of the public ceremonies, present witnesses, and festive celebrations that would become the classic wedding accoutrements in subsequent centuries. Given the disarray of the canon law and the sacramental system before this medieval synthesis, any couple who thought they were married probably were married.
The social and covenantal dimensions of marriage replaced the sacramental dimension as the hallmarks of the theology of the family in the Protestant Reformation, which Witte examines in its Lutheran and Calvinistic expressions. It was in this era that many of the trappings of the modern wedding, such as witnesses and church ceremonies, came into existence. The Anglican tradition encompassed the sacramental, social, and covenantal models in a commonwealth model that linked the common good of the couple, their children, the church, and the state in a model that became increasingly egalitarian and democratized, tracking political progress within the British commonwealth.
The ironic result of the development of marriage law and theology in the Christian West is that the move toward greater regulation and publicity in the Catholic, Reformation, and Anglican traditions was eventually largely overturned by the Enlightenment notions of contract and rights. Marriage came to be conceived largely as a private and completely voluntary contract--a bargain struck seemingly at arm's length by parties seeking the most intimate of associations. The Enlightenment model is, in essence, the model that is our legacy in the present day. It is this journey from sacrament to contract that characterizes marriage in the West and has led us to where we are today in the law and lore of marriage and family. Witte's work is a remarkable chronicle of the social practices, legal doctrines, and theological foundations encountered along the way.
Marriage is one of the few personal contracts in which your state dictates the terms -- unless you create your own customized premarital agreement.
Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. The book covers:
tips on negotiating and communicating
Prenuptial Agreements provides worksheets as tear-outs and on CD-ROM, as well as clauses for preparing an agreement that suits your needs. The 2nd edition is updated with the latest laws of your state.
Customer Reviews:
great introduction and hands-on guide.......2007-04-07
In my opinion, everybody should have a prenup because the process of drafting one teaches couples how to talk about money - and invaluable asset in their marriage to come.
We used this book to plan our prenup before our marriage in 2005.
It gives you all the relevant information, helps you consider all the important points, and alerts you about differences across states etc.
We still used lawyers to bullet-proof the agreement, but knowing exactly what we wanted greatly cut down on fees. In fact, my lawyer commented that she rarely had such a well-prepared client and the draft of the agreement was the fairest she had seen in years.
limited usefulness.......2007-03-16
Because it is written in terms of "we will do this, etc." instead of "they will do this, etc." the book makes prenups more understandable but is less useful for someone who wants to do their own.
Prenuptial Agreements Are A Necessity And So Is This Book.......2007-01-26
As I am preparing to be wed for the second time in November 2007, it is necessary for me to execute a prenuptial agreement to protect my assets and the assets of my children. It would be irresponsible to marry without one. I have researched available information on the internet including a determination of the best book on this subject matter. I ordered this book from Amazon at the best price available and I was not disappointed. The book is informative and includes sample language and forms to prepare your own prenuptial agreement. I, however, will simply use the book as reference material so I can carry on an intelligent conversation with an attorney of my choosing. I would NEVER try to prepare and execute a prenuptial agreement on my own given the complexities, legal issues, and different circumstances of each person. If you are in my situation, order the book and learn from it. Then, seek out an attorney to prepare and execute the agreement to ensure it cannot be challenged. Although I have a distaste for attorneys, sometimes you just can't get along without them. Regards and I wish you all a long, loving and prosperous marriage.
Excellent review of prenups.......2006-12-22
If you are marrying late, with significant assets, or have children from a former marriage you wish to take care of, a pre-nuptial agreement may be for you.
The book is quite thorough in its description of the basics, and provides a sound foundation for drafting a prenup. However, if you are very wealthy with millions of dollars in assets, and you are concerned that your new spouse will thwart your wishes when you die, you really should do your homework with this book, then contact an attorney.
Recommended
Average customer rating:
- Good intro and overview.
- Best Textbook Treatment of the Economics of Law
|
Economics of the Law: Torts, Contracts, Property and Litigation
Thomas J. Miceli
Manufacturer: Oxford University Press, USA
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Similar Items:
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Law's Order: What Economics Has to Do with Law and Why It Matters
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Game Theory and the Law
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Foundations of Economic Analysis of Law
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Economics and the Law, Second Edition: From Posner to Postmodernism and Beyond
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Principles and Methods of Law and Economics:
ASIN: 0195103904 |
Book Description
Over the past two decades, the field of law and economics has matured to the point where scholars have employed the latest economic methods in an effort to understand the nature of legal rules and to guide legal reform. This book is the first to provide a broad survey of this scholarship as it has been applied to problems in torts, contracts, property, and litigation. It will therefore serve as a convenient reference guide to this exciting field.
Customer Reviews:
Good intro and overview........2000-09-18
I can't say I have any great love for the school of thought expounded in this volume. But if it's mathematical models you want, it's mathematical models you'll get in this fine introduction. (Me, I disagree with the mathematical-models approach pretty much _in toto_ and favor the Austrian school of economics -- von Mises, Rothbard, et alia -- on a foundation of rationalism. But my disagreement doesn't detract from the quality of Miceli's presentation.)
In each of the four areas mentioned in his subtitle, Miceli presents a basic "model" in one chapter and then rings the changes on it in the next. His presentation is clear and solid, though it does require at least some background in undergraduate-level mathematics. (And in general, it's a good idea to know at least enough mathematics to overcome the tendency to be impressed by it!)
Readers interested in this field but without much background in math are advised to read Mercuro/Medema's _Economics and the Law_ first, especially the chapter on the Chicago School. I'd personally recommend reading Miceli's book before moving on to Posner's _Economic Analysis of the Law_, Landes/Posner's _Economic Structure of Tort Law_, and Shavell's _Economic Analysis of Accident Law_.
For another good introductory work in some respects "orthogonal" to this one, see Polinsky's _An Introduction to Law and Economics_. In addition to providing a fuller discussion of the Coase Theorem, Polinsky also raises questions about possible conflicts between efficiency and equity. Personally, I don't think this entire school of thought deals adequately with those conflicts, but Polinsky does make the attempt.
Readers critical of "law and economics" and seeking an opposing point of view -- indeed, an opposing fundamental outlook -- might wish to read Ernest Weinrib's _The Idea of Private Law_. (In my own view based on my reading to date, the genuine insights of the "law and economics" movement can be taken up, with appropriate modification, into Weinrib's outlook -- but the other direction doesn't work.)
Best Textbook Treatment of the Economics of Law.......1999-01-23
Thomas Miceli wrote the most comprehensive technical treatment of law and economics. The text contains formal mathematical models with a coherent coverage of the main issues in contracts, property, torts, and litigation. The book is written for an educated audience. Unquestionably the best among the wide-range treatments of law and economics. Comparable in quality and technical sophistication to Posner-Landes's treatment of tort law and Shavell's treatment of accident law.
Average customer rating:
- great book
- A Gem More Valuable Than Your Engagement Ring
- Must reading for any man about to get married.
- Great and Helpful Look at Misunderstood Topic
- Take the Pain out of your Prenup
|
Prenups for Lovers: A Romantic Guide to Prenuptial Agreements
Arlene Dubin
Manufacturer: Villard
ProductGroup: Book
Binding: Paperback
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Similar Items:
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Prenuptial Agreements: How to Write a Fair and Lasting Contract. Book with CD-Rom (Second Edition)
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What to Do Before the I Do: The Modern Couple's Guide to Marriage, Money and Pre-nups (What to Do Before I Do)
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Making Your Second Marriage a First-Class Success
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Saving Your Second Marriage Before It Starts
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Money Advice for Your Successful Remarriage: Handling Delicate Financial Issue Intelligently and Lovingly
ASIN: 0375755357
Release Date: 2001-02-06 |
Book Description
This ring-to-altar guide is a valentine to anyone who's dating, contemplating marriage, living with someone, or engaged.
Download Description
A family law expert describes how prenuptial agreements stimulate communication and compromise, and offers a wise and witty handbook for creating these agreements. Includes checklists to make sure there will be no court after the courtship, real-life profiles, specialized information for women, business partners, parents, and cohabitants, and more.
Customer Reviews:
great book.......2007-03-16
My son-in-law's lawyer produced a prenup that was almost word for word the same as this book. It helps on the process and the legalese.
A Gem More Valuable Than Your Engagement Ring.......2002-06-06
This is a gem of a book that helps you navigate financial discussions in a compassionate yet business-like manner. Arlene Dubin informs her readers WHY issues are important and shows them HOW to initiate discussions based upon common values and shared goals. After a couple finds they are on the same page, the dollars involved and technical know-how can be inserted into the dialogue.
I have practised as a Certified Financial Planner for 18 years, and send this book to clients and allied professionals. It is eminently readable, but does not dumb-down a subject that is important to anyone contemplating marriage.
Must reading for any man about to get married........2002-04-10
.
I hesistate to write this because every woman that reads this will react emotionally and not logically to what I have to write. Ladies please think about what is important here. Do you want your marriage to last, or do you want to take all your husbands money? Be fair and think long-term.
Prenuptials provide stability, ensure longevity and communication, define expectations in marriage and contigency plans in the event of divorce with respect to finanical,and child custody issues.
Statistics show that nearly 60% of US marraiges end in divorce. Sensible laws created in the 1930's to protect non-working housewives have, in modern times, become out of date today, giving women an overwhelming advantage in divorce, without the stigma divorce created in the past. Marriage has become a win-win situation where the woman wins in a successful marraige and also wins in a divorce. This is the root cause of the high divorce rate. Pre-nuptials are contracts signed before marriage to ensure fairness for both parties in the event of divorce. They also enhance communication on critical issues that provide stability in marriage.
Fair: I personally think marraiges should last a lifetime. However, marriage is one thing that requires two people to make it last. Given that divorce is something that does happen, the most that can be done is to see that it is fair to both parties. A prenuptial, signed prior to marriage, ensures the agreement is fair to both people.
Longevity and Communication: What is the solution to make marraiges last? The answer is communication. Pre-nuptial agreements ensure communication on important topics takes place before marriage by forcing disclosure and discussion of financial and other matters, and defines how assets will be distributed in a divorce. Some women don't like pre-nuptials because it takes away the overwhelming financial advantage women have in marraiges without pre-nuptial agreements. Other women wisely see this sort of communication strengthens a marriage. If a relationship can't stand the scrutiny of a pre-nuptial, then it is bound the fail eventually.
Expectations: One cause of conflict in a marriage is violated expectations. Pre-nuptials define each person's expectations in advance. Most people, when they know what the other expects, can either meet that expectation, or else discuss it in advance if it can't be met, which makes it is easier to digest. Expectation can be the number of children or other issues.
Stability: It is common practice for husbands, good or bad, to be robbed financially by their wives in divorce. Many women fail to satisfy their husbands. For whatever reason the marriage fails, there is a huge finanical incentive for a woman to get divorced from a man with assets gained prior to the marraige. Pre-nuptials prevent women from gaining an unfair financial advantage over men. No woman deserves half a man's assets after a few months of marriage. This does happen today to men, and women too, without prenuptial agreements. Pre-nuptials also define clearly a man's responsibilites in the event of a divorce in advance of marraige.
Child Custody: Prenuptials are used to present child custody issues in advance of any divorce. This is an area where some women spitefully use their children to strike back at their former husbands. Children should not be chess pawns to manipulate and be hurtfull to a former spouse. Husbands are entitled to share child custody.
If you plan to get married, take the time to get to know your partner, discuss in detail you plans for the future, and prepare a pre-nuptial in advance to define your financial situation, goals, and expectations. Once written down, it is not something that can be argued about later. Things said years ago can be denied. There is no denying a signature and written documentation.
Once again, I feel that marraige should be entered into with an objective of making it last a lifetime. It is easy to bail out of a marriage. It happens often, you have to plan for the worst case. But if you communicate prior to marraige, and find disagreement, you can either choose to accept the agreement, or find someone else. Those who communicate their goals and expectations early have a higher chance of a successful marraige.
Great and Helpful Look at Misunderstood Topic.......2001-11-02
Arlene Dubin makes premarital agreements, and the reasons to have one, easy to understand for all readers. She takes a look at the objections many people have to a prenup and explains clearly why a prenup can be stabilizing to a marriage. The book is well-written and fun to read, too, mixing in real-world examples. It's always terrific when an author can take a topic seriously without being too serious. Ms. Dubin does it.
Take the Pain out of your Prenup.......2001-04-27
Excellent book that demystifies a touchy subject. Prenups aren't just for "The Donald", but we all could and should have one. Face it, if you are considering spending the rest of your life with someone, don't you owe it to yourself (and your intended) to face all of the facts BEFORE you say "I Do"???
Average customer rating:
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Hindu Women and Marriage Law: From Sacrament to Contract (Law in India)
Monmayee Basu
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Hardcover
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ASIN: 0195645383 |
Book Description
This is an in-depth study of the problems faced by Hindu women in marriage from 1856 to 1956. Remedial legislative measures to solve these problems and their likely effects on the status of women in Hindu society are also discussed at length.
Average customer rating:
- Very Well Written
- Being Professional is No Child's Play !
- Being Professional is No Child's Play !
|
Family Child Care Contracts and Policies: How to Be Businesslike in a Caring Profession (Redleaf Press Business Series)
Tom Copeland
Manufacturer: Redleaf Press
ProductGroup: Book
Binding: Paperback
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Family Child Care Record-Keeping Guide (Redleaf Business Series)
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Family Child Care Marketing Guide: How to Build Enrollment and Promote Your Business As a Child Professional (Redleaf Business Series)
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The Daycare Provider's Workbook
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Family Child Care Legal and Insurance Guide: How to Reduce the Risks of Running Your Business (Redleaf Business Series)
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Start & Run a Home Daycare (Self-Counsel Press Business Series)
Accessories:
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Braun IRT 4020 ThermoScan Ear Thermometer
ASIN: 0934140707 |
Book Description
Family Child Care Contracts & Policies gives you the tools you need to establish and enforce contracts and policies, build trust between provider and parent, and demonstrate provider professionalism.
Family Child Care Contracts & Policies explains: How to establish good business relationships with parents What to look for before signing contracts with parents What to include in your contracts and policies How to prevent conflicts with parents When and how to end a contract
New to the second edition: How to get paid in advance How to raise your rates How to use small-claims court to enforce your contract How to avoid anti-trust violations when collecting and sharing information
Customer Reviews:
Very Well Written.......2002-02-23
Being new to the family daycare business I really needed a book that would put me on the right track, this was it. I was able to write my contract and policy handbook knowing it was complete in every way. There is other good information in it as well. This is a wonderful book!
Being Professional is No Child's Play !.......2000-07-12
I have most of all Mr. Copeland's books related to starting a child care.Including his software prgram.This book shows both new and exsisting Child Care Providers how to put together a simple and professional contract. It also has examples and samples.Protect Yourself and your business today !
Being Professional is No Child's Play !.......2000-07-12
I have most of all Mr. Copelnad's books related to staring a child care.Including his software prgram.This book shows New and exsisting Child Care Providers how to put together a simple and professional contract. It also has examples an samples.Protect Yourself and your business today !
Average customer rating:
|
Unidroit's Rules In Practice: Standard International Contracts and Applicable Rules
G. Gregory Letterman
Manufacturer: Kluwer Academic Publishers
ProductGroup: Book
Binding: Hardcover
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ASIN: 9041188630 |
Book Description
In the law of contracts, the term `internationalization' has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The benefits include avoidance of choice-of-law and venue deadlocks, use of clearly-defined terms (sometimes specialized for a particular industry) that have attained general international usage, and escape from the jurisdiction of unacceptable laws, legal systems, and courts. The trend has picked up speed in recent years, to the point where many business people want their contracts `internationalized' as a matter of course. This convenient volume contains the heart of the matter. It focuses on the essential elements that make a contract `international' in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. It provides a clear understanding of the principles that underlie the structure of a sound international commercial contract, and gives the practitioner the insight necessary to negotiate such a contract successfully, whatever the particular circumstances. To clarify such an understanding of `internationalization,' the author describes and analyzes aspects of the following international contract law regimes: + The United Nations Convention on Contracts for the International Sale of Goods (CISG); + The UNIDROIT Principles; + CISG and UNIDROIT Jurisprudence; + The lex mercatoria and other international, regional, and national contract law principles; + Privately established rules, standards, and certifications; + Model contracts, provisions, and standards; and + International commercial arbitration regimes and other non-national dispute resolution fora. A final chapter deals exclusively with practical applications -- when to and when not to `internationalize' a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for `internationalization.'
Average customer rating:
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Medical Aspects of Personal Injury Litigation
Barnes
Manufacturer: Blackwell Publishing
ProductGroup: Book
Binding: Hardcover
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ASIN: 0632041765 |
Average customer rating:
|
Complete Prenuptial Agreement Kit (Book & CD-ROM) (Write Your Own Prenuptial Agreement)
Edward Haman
Manufacturer: Sphinx Publishing
ProductGroup: Book
Binding: Paperback
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Prenuptial Agreements: How to Write a Fair and Lasting Contract. Book with CD-Rom (Second Edition)
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Prenups for Lovers: A Romantic Guide to Prenuptial Agreements
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-
Saving Your Second Marriage Before It Starts
ASIN: 1572485345 |
Book Description
"Whether this is your first marriage or you've been married before, a prenuptial agreement (also referred to as a premarital agreement) can help you build a stronger relationship. Through communication and documentation of each other's needs, your marriage can begin with a greater appreciation of the other's concerns and prevent future financial stresses. In fact, a premarital agreement can go hand-in-hand with a will and other estate planning measures to enable you and your spouse--not the government--to control your property. Write Your Own Prenuptial Agreement helps you understand this need and create your own premarital agreement to legally and financially protect you, your spouse and your children.
Understanding the good that a prenuptial agreement can do is the only the first step. This title takes the reader further by providing a CD-ROM, which contains a variety of forms to help you draft your own premarital agreement. Sample forms and step-by-step instructions ensure that you are completing the form that is right for you.
The Complete Prenuptial Agreement Kit makes writing your own premarital agreement inexpensive and hassle-free.
"
Average customer rating:
- Excellent, useful reference guide
|
Legal Essentials for California Couples: Why Every Couple Should Have a Written Agreement that Will Enhance (and Possibly Save) Your Relationship (Legal Essentials for California Couples)
Ed Sherman , and
Susan Cameron
Manufacturer: Nolo Press Occidental
ProductGroup: Book
Binding: Paperback
Marriage
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ASIN: 0944508545 |
Book Description
California Relationship Law offers strategies and advice to couples getting into or out of marriage, domestic partnerships, and living-together arrangements. Building on its predecessor, California Marriage Law, with new material to reflect the domestic partnership law AB 205 that goes into effect January 1, 2005, the book shows readers how to gain greater control over their income, debts, property rights, support obligations, childcare and parenting arrangements, adoption, inheritance, medical permissions, care upon disability, and wishes after death, and comes with a CDROM of legal agreements and other helpful resources.
Customer Reviews:
Excellent, useful reference guide.......2005-12-30
This new (Feb. 2005) edition of this book is highly useful for couples who plan on living together but not getting formally married. The design is attractive, useful features (such as a checklist) are included, and religious covenants are included as is domestic partner registration bankruptcy, children, and many other topics that couples need to consider. Highly recommended!
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Complete Prenuptial Agreement Kit (Book & CD-ROM) (Write Your Own Prenuptial Agreement)