فهرست مطالب
Cover\nHalf-title\nTitle\nCopyright\nDedication\nPreface\nAcknowledgements\nContents\nList of Abbreviations\nTable of Cases\nTable of Legislation\nNote on Terminology\nIntroduction\n Background\n Power\n Theoretical Perspectives Employed in this Book\n Contract Theory\n Feminist Critiques of Contract\n Chapter Outline\n1. Radmacher v Granatino and the ‘New Respect’ for Autonomy\n Background\n Cases Before Radmacher\n Proposed Reform Before Radmacher\n Radmacher v Granatino\n Radmacher in the Lower Courts\n Supreme Court\n Public Policy\n Cases after Radmacher\n Proposed Reform after Radmacher\n The Law Commission’s Report Matrimonial Property, Needs and Agreements\n Divorce (Financial Provision) Bill\n Re-evaluating the Radmacher View of Autonomy\n Conclusion\n2. The Developing Landscape of Financial Provision on Divorce\n Financial Provision Prior to the Matrimonial Causes Act 1973\n Marriage Settlements and the Common Law Doctrine of Coverture\n The Effects of Separate Property Prior to the Matrimonial Causes Act 1973\n Financial Provision Under the Matrimonial Causes Act 1973\n Judicial Discretion to Award Financial Provision (Ancillary Relief)\n Non-discrimination and Equality\n The Three Strands of Fairness\n Need\n Compensation\n Sharing\n Prenuptial Agreements and the Three Strands of Fairness\n Reform of Financial Provision\n Conclusion\n3. Attorneys’ Experiences of Prenuptial Agreements in New York\n Why New York?\n The Law of Prenuptial Agreements in the United States\n The Law of Prenuptial Agreements in New York\n Summary of Findings\n Background to the Study\n Attorneys’ Experiences of Prenuptial Agreements in New York\n Reasons for Entering into an Agreement\n The Balance of Power Between Parties to a Prenuptial Agreement\n Addressing Issues of Power in Practice\n Steps Taken by Individual Attorneys\n Remaining Issues\n Advice for the UK\n Comparative Analysis\n ‘Prenuptial Contracts’\n Fiduciary Relationship\n Comparing New York with the UK\n Issues with Power\n Postnuptial Agreements\n Conclusion\n4. Remedies in Contract for Prenuptial Agreements\n Introduction\n Duress\n Background\n ‘Prenuptial Duress’\n Difficulties with ‘Prenuptial Duress’\n Undue Influence\n Actual Undue Influence\n Background\n Application to Prenuptial Agreements\n Difficulties with Applying Actual Undue Influence to Prenuptial Agreements\n Presumed Undue Influence\n Background\n Application to Prenuptial Agreements\n Difficulties with Applying Presumed Undue Influence to Prenuptial Agreements\n Unconscionability\n Background\n Application to Prenuptial Agreements\n Difficulties with Applying Unconscionability to Prenuptial Agreements\n Conclusion\n5. Towards a Feminist Relational Contract Theory of Prenuptial Agreements\n Introduction\n ‘The Theory is a Mess’\n Classical Contract Theory\n Neo-classical Contract Theory\n Relational Contract Theory\n Critique of Mainstream Contract Theory\n Relational Contract Theory and Prenuptial Agreements\n Feminist Perspectives on Prenuptial Agreements\n Feminist Responses to Issues with Power and Autonomy in Contract\n Using Feminism to Re-evaluate Prenuptial Autonomy\n Feminist Relational Contract Theory\n The ‘Feminomics’ of Prenuptial Agreements—Guggenheimer’s Approach\n Distinguishing Guggenheimer’s Approach from Feminist Relational Contract Theory\n Conclusion\n6. Prenuptial Agreements and the Presumption of Free Choice—Connecting Theory and Practice\n Applying Feminist Relational Contract Theory to Prenuptial Agreements Before Enforcement\n Independent Legal Advice\n The American Law Institute\n Applying Guggenheimer’s Theory in Practice\n Moving Forward—Altering Guggenheimer’s Approach and Applying Feminist Relational Contract Theory in Practice (Before Enforcement)\n Applying Feminist Relational Contract Theory to Prenuptial Agreements at the Time of Enforcement\n Adapting Vitiating Factors According to Feminist Relational Contract Theory\n Duress\n Presumed Undue Influence\n Taking a ‘Second Look’ at Prenuptial Agreements at the Time of Enforcement\n Developing a ‘Non-bargain’ Approach for Prenuptial Agreements\n Re-visiting Radmacher v Granatino\n Lady Hale\n Lord Phillips\n Radmacher v Granatino and Feminist Relational Contract Theory\n Conclusion\nConclusion\nBibliography\nIndex
