Family law: marriage, separation and divorce Books

Book SynopsisTriple talaq, a controversial Muslim divorce practice, was declared unconstitutional by the Indian Supreme Court in the Shayara Bano case. Salman Khurshid, involved in the case, simplifies the issue and discusses its reasons, history, religious perspectives, and global comparisons.Table of ContentsIntroduction 1. HE SAID, SHE SAID, THEY SAID: ARGUMENTS BEFORE THE COURT 2. TRIPLE TALAQ: BAD IN THEOLOGY, GOOD IN LAW 3. INDIAN COURTS AND MUSLIM PERSONAL LAW 4. REFORMS IN ISLAMIC STATES 5. SUBMISSIONS BEFORE THE COURT 6. THE JUDGEMENT Epilogue Annexures

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Book SynopsisInterest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents'' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. Children Who Resist Post-Separation Parental Contact is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The authors - Fidler, Bala, and Saini - a psychologist, a lawyer and a social worker, are an multidisciplinary team who draw upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of alienation and explain the causes, dynamics, and differentiation of various typeTable of ContentsContents ; About the Authors ; 1. Introduction ; 1.1 The Prevalence of Alienation ; 1.2 Prevalence of Alienation in Community Samples ; 1.3 Increase in the Number of Alienation Cases ; 1.4 Summary ; 2. Definitions and Debates ; 2.1 Historical Context ; 2.2 The Difficulty in Defining Alienation ; 2.3 Affinity and Alignment ; 2.4 The Role of the Adversarial System and Professional Advisors ; 2.5 Alienation Within the Context of High-Conflict Separations ; 2.6 Distinguishing Alienation from Justified Rejection ; 2.7 Mixed or Hybrid Cases ; 2.8 Dynamics in Alienation Cases ; 2.9 Alienation and False Allegations of Abuse ; 2.10 Debates about Parental Alienation as a Diagnosis or Condition ; 2.11 Summary ; 3. Risk Factors and Indicators Involved in Alienation ; 3.1 Extent and Limitations of Research on Alienation ; 3.2 Current Evidence on the Social and Psychological Factors Associated with Alienation ; 3.3 Interparental Factors Following Separation or Divorce ; 3.4 Factors of the Favored Parent ; 3.5 Factors of the Rejected Parent ; 3.6 Factors of the Child ; 3.7 Summary of Factors and Indicators ; 4. Assessment and Measurement Tools for Alienation ; 4.1 Clinical Judgment ; 4.2 Decision Trees and Assessment Protocols ; 4.3 Measurement Scales ; 4.4 Differentiating Levels of and Responses to Strained Parent-Child Relationships ; 5. Prognosis and Long Term Consequences of Untreated Alienation on Young Adults and Their Families ; 5.1 The Impact of Alienation on Children and Adults who were Alienated as Children ; 5.2 Spontaneous Reconciliation ; 5.3 When to Suspend Efforts or Letting Go ; 6. Prevention ; 6.1 Universal or Primary Prevention ; 6.2 Public Awareness ; 6.3 Selected or Secondary Prevention ; 6.4 Indicated or Tertiary Prevention ; 6.5 Summary ; 7. Interventions, Educational and Therapeutic ; 7.1 The Role of the Court in Educational and Therapeutic Interventions ; 7.2 Principles and Guidelines ; 7.3 Goals of Counseling ; 7.4 Treatment Modalities, Approaches and Strategies ; 7.5 Summary of Specific Interventions, Protocols or Approaches ; 7.6 Aftercare, Training, Accessibility and Costs of Interventions ; 7.7 Concluding Comments ; 8. Hearing the Voices of Children in Alienation Cases ; 8.1 Children's Stated Wishes: Clinical Perspectives ; 8.2 Children's Right of Participation ; 8.3 Children's Stated Wishes: Weight in the Courts ; 8.4 Methods for Courts Hearing the Views & Wishes of Children ; 8.5 Concluding Comments: Principles, Policies and Research ; 9. Legal Responses to Alienation & Contact Problems ; 9.1 Child's 'Rights,' Parental Duties & the Best Interests of the Child ; 9.2 The Role of Mental Health Experts in Resolving Alienation Cases ; 9.3 Enforcement issues and Judicial Remedies ; 9.4 Therapeutic Interventions and the Court Process ; 9.5 The Content of Agreements and Orders for Therapeutic Involvement ; 9.6 Adjusting Visitation and Interim Orders ; 9.7 Contempt of Court: Punitive Sanctions and Behavioral Conditions ; 9.8 Police Enforcement ; 9.9 Supervision of Contact ; 9.10 Award of Legal Fees ; 9.11 Joint Custody - Increasing Time in Care of Target Parent ; 9.12 Custody Reversal: an Option for Severe Cases ; 9.13 Suspension of Contact ; 9.14 Deciding Not to Enforce Contact Despite Alienation ; 9.15 Financial Penalties ; 9.16 Case Management - The Need for Judicial Control ; 9.17 Child Protection Agency Involvement ; 9.18 The Importance of Timely Legal Intervention ; 9.19 Conclusion: The Law as a Blunt but Necessary Instrument ; 10. Recommendations for Practice, Policy & Research ; References

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Book SynopsisA renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that stands as the most potent argument for marriage equalitySpeak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings

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Book SynopsisA Los Angeles Times Best Book of 2015 Roberta Kaplan’s gripping story of her defeat of the Defense of Marriage Act (DOMA) before the Supreme Court.Trade Review"United States v. Windsor was a landmark ruling, and the case’s architect, Roberta Kaplan, emerged as a true American hero. Then Comes Marriage is a riveting account of a watershed moment in our history, and the strategy, ingenuity, and humanity that made it happen." -- President Bill Clinton"I thought I knew the Windsor case chapter-and-verse. As if! Then Comes Marriage will forever change the understanding of this landmark case—its genesis, its outside-the-box strategy, and its tactical brilliance. This is the can’t-put-down, emotional, funny, essential explanatory text that makes sense of Windsor, not just as law but as life." -- Rachel Maddow, television host"Roberta Kaplan makes questions of constitutionality and the intricacies of legal strategy read like a John Grisham thriller. Then Comes Marriage explains how we arrived at this surprising moment in history, but it’s also a testament to the persuasive, transformative power of a good story." -- Alison Bechdel, author of Dykes to Watch Out For and Fun Home"A fast-paced, engaging account…. Kaplan breaks down the legal and procedural issues for nonlawyers and preserves suspense even where we know the outcome." -- Jeffrey S. Trachtman - Huffington Post"[A] scintillating read…. [Kaplan and Dickey] weave a fascinating narrative that gives the reader an insight into one of the Supreme Court’s most provocative cases…. This book deserves a place on everyone’s shelf." -- Joan M. Burda - New York Journal of Books"Compelling…. Kaplan deftly uses [Thea Spyer and Edie Windsor’s] story as a lens through which to consider a broader set of inequities, less about marriage than common human decency…. [A] deeply moving book." -- David Ulin - Los Angeles Times"Along with detailing her legal strategy in the lower courts, Kaplan weaves her own coming-out story and her personal relationship into the story of her clients Edie Windsor and Thea Spyer…provid[ing] a revealing juxtaposition of how two very different generations of lesbians wrestled with the social attitudes of their times. It’s a timely, well-told story, brimming with observations about the importance of family…. Kaplan’s rallying cry, ‘It’s all about Edie, stupid,’ keeps the stories of two remarkable women at the center of this historic legal and human drama." -- Publishers Weekly, Starred review"This book tells all. Two great love stories (Robbie and Rachel, Thea and Edie), the trial, and all the internal struggles. It was so interesting and well-written that I could not stop reading it." -- Robin Tyler - The Advocate"[A] page-turning, powerful new book." -- Michelangelo Signorile

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Book SynopsisA Los Angeles Times Best Book of 2015: “A riveting account of a watershed moment in our history.”—President Bill ClintonTrade Review"I thought I knew the Windsor case chapter-and-verse. As if! Then Comes Marriage will forever change the understanding of this landmark case—its genesis, its outside-the-box strategy, and its tactical brilliance. This is the can’t-put-down, emotional, funny, essential explanatory text that makes sense of Windsor, not just as law but as life." -- Rachel Maddow, television host"Roberta Kaplan makes questions of constitutionality and the intricacies of legal strategy read like a John Grisham thriller. Then Comes Marriage explains how we arrived at this surprising moment in history, but it’s also a testament to the persuasive, transformative power of a good story." -- Alison Bechdel, author of Dykes to Watch Out For and Fun Home"A fast-paced, engaging account…. Kaplan breaks down the legal and procedural issues for nonlawyers and preserves suspense even where we know the outcome." -- Jeffrey S. Trachtman - Huffington Post"[A] scintillating read…. [Kaplan and Dickey] weave a fascinating narrative that gives the reader an insight into one of the Supreme Court’s most provocative cases…. This book deserves a place on everyone’s shelf." -- Joan M. Burda - New York Journal of Books"Compelling…. Kaplan deftly uses [Thea Spyer and Edie Windsor’s] story as a lens through which to consider a broader set of inequities, less about marriage than common human decency…. [A] deeply moving book." -- David Ulin - Los Angeles Times"Along with detailing her legal strategy in the lower courts, Kaplan weaves her own coming-out story and her personal relationship into the story of her clients Edie Windsor and Thea Spyer…provid[ing] a revealing juxtaposition of how two very different generations of lesbians wrestled with the social attitudes of their times. It’s a timely, well-told story, brimming with observations about the importance of family." -- Publishers Weekly, Starred review"This book tells all. Two great love stories (Robbie and Rachel, Thea and Edie), the trial, and all the internal struggles. It was so interesting and well-written that I could not stop reading it." -- Robin Tyler - The Advocate"[A] page-turning, powerful new book." -- Michelangelo Signorile

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Book SynopsisWhat does it mean to be legally married today? This book combines insights from history and law from the UK and Scotland with international examples of how marriage law has developed. It shows how assumptions about marriage are contestable on various grounds, separates fact from fiction and explains the claims in terms of their historical context.

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Book SynopsisThe law has long been interested in marriage and conjugal cohabitation and in the range of public and private obligations that accrue from intimate living. This collection of classic articles explores that legal interest, while at the same time locating marriage and cohabitation within a range of intimate affiliations. It offers the perspectives of a number of international scholars on questions of how, if at all, our different ways of intimacy ought to be recognised and regulated by law.Table of ContentsContents: Introduction, Alison Diduck. Part I Changing Intimacies - the Theory: On the way to a post-familial family: from a community of need to elective affinities, Elisabeth Beck-Gernsheim; Intimacy transformed? A critical look at the 'pure relationship', Lynn Jamieson. Part II Changing Intimacies - Empirical Research: Why marry? - perceptions of the affianced, Mary Hibbs, Chris Barton and Joanne Beswick; Why don't they marry? Cohabitation, commitment and DIY marriage, Simon Duncan, Anne Barlow and Grace James; Cohabitation and commitment: partnership plans of young men and women, Lynn Jamieson, Michael Anderson, David McCrone, Frank Bechofer, Robert Stewart and Yaojun Li; Marriage and the moral bases of personal relationships, John Eekelaar and Mavis Maclean; The significance of marriage: contrasts between white British and ethnic minority groups in England, Mavis Maclean and John Eekelaar; Regulation of intimacy and love semantics in couples living apart together, Bernadette Bawin-Legros and Anne Gauthier; Cultures of intimacy and care beyond 'the family': personal life and social change in the early 21st century, Sasha Roseneil and Shelley Budgeon. Part III Why Legal Regulation At All?: The Marriage Act 1753: a case study in family law-making, Stephen Parker; Debates and issues regarding marriage and cohabitation in the British and American literature, Jane Lewis; Homosexual rights, Brenda Hale. Part IV Law and Marriage: The case against legal recognition of cohabitation, Ruth L. Deech; Marriage and the good of obligation, Scott Fitzgibbon; Just marriage: on the public importance of private unions, Mary Lyndon Shanley; Contract marriage - the way forward or dead end?, David McLellan; The tide in favour of equality: same-sex marriage in Canada and England and Wales, Wade K. Wright; Why marriage?, Martha Albertson Fineman; Marriage is for heterosexuals - may the rest of us be saved from it, Kenneth McK. Norrie; We will get what we ask for: why legalizi

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Book SynopsisComparative law and legal anthropology have traditionally restricted themselves to their own fields of inquiry. Mapping Marriage Law in Spanish Gitano Communities turns this tendency on its head and investigates what happens when ...Trade Review"A bold rejoinder to the growing body of scholarship that advocates the globalization of law, this important book champions social diversity as a fundamental aspect of what constitutes law... The book announces the arrival of a new thinker with an original perspective on comparative law and on the theory of legal systems generally." - Nicholas Kasirer, James McGill Professor of Law and Director, Centre of Private and Comparative Law, McGill University "The book makes a significant contribution to two scholarly fields - comparative law and legal anthropology - that are rarely brought together with this degree of sophistication. This is really a terrific piece of scholarship, beautifully written, and on a subject of great importance. I think Susan Drummond will receive wide recognition as a leading voice in an emerging field of study." - David M. Engel, Distinguished Service Professor, Faculty of Law, SUNY Buffalo"Table of ContentsPreface Introduction: Le Guide du Routard Synoptic Overview Itinerary Approach Preparations Souvenir Chapter 1 State: Intersections in Spanish FamilyLaw The Persistence of "Otherness" Religion’s Domain Shifting Contexts for Legal Reform Shifting Esprit des Lois Women and the Spirit of Family Law Weak and Deep Pluralism of the Official Family New Forms of SpanishPluralism The Contemporary Jurisdiction of Religion in the Official Family Conflicting Dominions in Family Law The Mystification of Reform through Law Liminal Tones, Characters, and Moods Chapter 2 Culture: Wanderings and Dwellings Deep Pluralism and the Gypsies A Jurisdictional Model of the Gypsies for a Jurisdictional Model ofGypsy Law Matter out of Place Reconceptualizing Gypsyhood The Great Gitano Roundup: Rounding Off the State through Law The Production of Gitanitude Flamenco Puro and Pure Gitanitude Chapter 3 Marriage: Hidden and Enacted IusCommune Hidden Constitutions Multi-Sited Comparative Law The Plurality of Ius Commune Hidden Marriages Hidden Marriages within Hidden Marriages The Place of Gitano Family Law in Andalucia, Spain, and Europe Conclusion: Voyage Through a Strange City The Place of Jerez de la Frontera A Wandering and a Dwelling Law Notes Index

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Book SynopsisEleven diverse scholars interrogate the belief that polygamy is inherently harmful, questioning the ways in which society assigns value to family and intimacy, and its right to do so.Table of ContentsIntroduction: Is Polygamy Inherently Harmful? / Lori G. Beaman1 Plus Ça Change ... ? Bountiful’s Diverse and Durable Marriage Practices / Angela Campbell2 How Should Public Institutions Assess Religious Identity? The Case of Polygamy / Avigail Eisenberg3 Polygamy and the Predicament of Contemporary Criminal Law / Benjamin L. Berger4 Are They Not Us? A Personal Reflection on Polygamy / Arta Blanche Johnson5 Reflecting on Polygamy: What’s the Harm? / Rebecca Johnson6 Polygamy in the Parisian Banlieues: Debate and Discourse on the 2005 French Suburban Riots / Jennifer A. Selby7 Polygamy and Race-Thinking: A Genealogy / Margaret Denike8 Making Them Fit: The Australian National Census and Aboriginal Family Forms / Frances Morphy9 The Raids at Short Creek and Yearning for Zion Ranch and the Law of Unintended Consequences / Martha Bradley-EvansConclusion: “To the Exclusion of All Others” – Polygamy, Monogamy, and the Legal Family in Canada / Gillian CalderBibliographyIndex

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Book SynopsisIn American Marriage, Priscilla Yamin argues that marriage is a political institution to which actors turn either to stave off or to promote change over issues of race, gender, class, or sexuality. In the political struggle, certain marriages are pushed as necessary for the good of society, while others are contested or prevented.Trade Review"An invitation to further and deeper conversations among scholars interested in all types of identity-based inequalities about the political institution of marriage and the politics of inclusion." * Politics and Gender *"Because Yamin, a political scientist, so astutely illustrates the hefty political work that marriage does in the face of the widespread belief that it is entirely nonpolitical, she deepens our grasp of its history." * Journal of American History *"A powerful analysis of the complex interactions between the public obligations expected of citizens and the private ones expected of marriage partners. Yamin demonstrates how our most intimate relationships have been shaped by political agendas, and in turn how our changing notion of personal rights and obligations are reshaping political debates." * Stephanie Coontz, author of Marriage, A History *"A splendid contribution to the scholarship of politics and marriage. . . . An exemplary work in a neglected field." * Anne Norton, University of Pennsylvania *Table of ContentsList of Abbreviations Introduction: Marriage as a Political Institution I. HISTORICAL DEVELOPMENT Chapter 1. The "Duties as Well as Privileges of Freedom Chapter 2. "What Constitutes a Valid Marriage?" II. THE LONG CULTURE WARS Chapter 3. "Marriage Is One of the Basic Civil Rights of Man" Chapter 4. "Marriage Is the Foundation of a Successful Society" Chapter 5. "We're in a Battle for the Soul of the Nation" Conclusion: "Is There Hope for the American Marriage?" Notes Bibliography Index Acknowledgments

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Book SynopsisFrom divorce court to popular culture, alimony is a dirty word. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. The author argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers.Trade ReviewThe Marriage Buyout is a comprehensive and thorough review of alimony's history, rationale, promises, and pitfalls. To solve the dilemmas of contemporary alimony law, the book advocates a pathbreaking solution that makes 'I do' really matter. Cynthia Lee Starnes is already widely recognized for her profound insights into alimony, and this book provides an even stronger basis for that reputation. Although the book is centered on alimony, Starnes applies her analytical lens to other issues that arise at the end of marriage, providing new insights into our entire system of divorce. -- Naomi Cahn,Harold H. Greene Professor of Law, George Washington University Law SchoolThe Marriage Buyout is an unusual book: it is both entertaining and profound. Professor Starnes has produced a readable and incisive critique of alimony law within the United States and elsewhere as well as a creative framework for reform. Law students and practicing lawyers will surely benefit from her careful exposition of competing approaches to alimony. Her proposed use of a partnership buyout model would take us a long way toward a coherent and fair theory of alimony. The book should be read, and read again, by any groups involved in family law reform. -- Barbara A. Atwood,Mary Anne Richey Professor of Law Emerita, University of ArizonaProfessor Starnes rigorously analyzes our outmoded, gender-imbalanced approach to the financial effects of marital, cohabitant and co-parental relationship dissolution. Her devastating analysis makes it clear that policymakers concerned about the well-being of all family members after divorce or separation should take heed of her courageous, well-grounded and clearsighted proposals to reconceptualize economic justice in the family. -- Theresa Glennon,Temple University Beasley School of LawStarnesprovides a historic overview of alimony, detailing its evolution, justification, and criticism overtime. The first part of the book reviews the history of alimony, grounded in old legal theories that the interests of women merged with their husbands and therefore the latter had a perpetual duty to support them. This section also discusses the decline of alimony with changes in marriage law in the 1970s and the many myths that surround spousal support. Parts 2 and 3 discuss how current alimony law operates and the crisis in theories justifying it. The last part of the book offers a new theory of alimony as a buyout for stay-at-home moms who have been partners in a marriage and who have forgone income in return for raising children. This delightfully written and informative book on an overlooked subject is suited for collections on family law, feminism, and gender politics.Summing Up: Highly Recommended. * Choice *Table of ContentsAcknowledgments Introduction Part I. Alimony Reflections 1. Who Cares about Alimony? 2. Alimony's Heritage: The Helpless, the Blameless, and the Clean-Break Losers 3. Alimony and Mother Myths Part II. Alimony Mechanics 4. The Contemporary State of Alimony 5. Alimony in Context: A Comparative Perspective Part III. Alimony Theory6. Reasons Matter: Alimony, Intuition, and the Remarriage Termination Rule7. The Search for a Contemporary RationalePart IV: Alimony Reform8. A Marital Partnership Model: Alimony as Buyout9. Beyond Alimony: Lovers, Parents, and PartnersConclusionNotesIndexAbout the Author

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Book SynopsisTrade ReviewLegally Straight is an important book that contributes new insights and arguments to debates within LGBTQ, feminist, gender and sexuality, and critical legal studies. Through meticulous analysis of US case law, history and social science, Prof. Rollins illuminates some of the mixed blessings for gays and lesbians of being assimilated into the charmed inner circle of legal marriage. Above all, the originality and surprise of this fascinating book lie in the compelling evidence it marshals to show how gay and lesbian marriage won the imprimatur of US courts because of profound shifts in the gendered meanings of childhood. -- Rosalind Petchesky,Distinguished Professor Emerita of Political Science, Hunter College and the Graduate Center, CUNYLegally Straight offers powerful interventions into a dazzlingly broad range of fields--political science, queer studies, straightness studies, feminist studies, childhood studies, and family studies. Rollins carefully traces the evolving judicial deployment of reproduction and childhood, showing us the ways that heteronormativityboth as a structural formations and as a metaphorgives shape to seemingly gender- and sexuality-neutral laws and their interpretations. A well-researched example of the mutually constitutive relationship between law and culture, this book is a must read for anyone interested in the relationship between gender, sexuality, and legal personhood. -- Jane Ward,Professor of Gender and Sexuality Studies, University of California RiversideThis book provides excellent interdisciplinary insight on the historical, rhetorical, religious, cultural, social, political, economic, stereotypical, and legal aspects of how American marriage laws gradually expanded from 1971 until 2015 to include same-gender couples without impinging on opposite-gender couples' ability to marry. * Choice *

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Book SynopsisDiscusses the abolition of marriage as a legal statusTrade ReviewMarriage Proposals brings new insights to the marriage debates by discussing the provocative idea of getting the government out of the business of marriage recognition altogether. Anyone seeking to think clearly about the nature and function of marriage in our society should read this collection. -- Brian Bix,Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota Law SchoolBringing together insights from law, anthropology, and political theory, the rigorous essays in Marriage Proposals strip away easy assumptions about marriage. Readers will emerge from the volume inspired to bring the national conversation on these issues to a deeper and more interesting level. -- Suzanne B. Goldberg,author of Strangers to the Law: Gay People on TrialEnjoyable and provocative. . . . This collection nicely reveals and sorts through a host of exciting and complex questions about marriage. -- Martha McCluskey,co-editor of Feminism, Media, and the LawOne of the curious features of the early twenty-first century has been the noisy presence of & marriage in the public culture. The result has been a public dialogue that often marries bad social science and homophobia, with understandable public anxieties about how children grow up in our world. We deserve better and Marriage Proposals provides it. Anita Bernsteins collection draws on the best work by some of the smartest and most thoughtful participants in the recent marriage wars. The authors ask the reader to think hard about how marriage can be justified today. And the result is a book that confronts some of the hardest and deepest questions that face us as a society. -- Hendrik Hartog,author of Man and Wife in America: A HistoryTable of ContentsAcknowledgments Introduction: Playing Innocent: Childhood, Race, Performance * 1 Tender Angels, Insensate Pickaninnies: The Divergent Paths of Racial Innocence * 2 Scriptive Things * 3 Everyone Is Impressed: Slavery as a Tender Embrace from Uncle Tom's to Uncle Remus's Cabin * 4 The Black-and-Whiteness of Raggedy Ann * 5 The Scripts of Black Dolls Notes Index About the Author

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Book SynopsisAnyone interested in courts, judicial decision-making, family law, gender violence, and the limits and possibilities of the globalization of law will want to read this book about women's struggles to divorce in China's court system. This title is also available as Open Access on Cambridge Core.Trade Review'Decoupling is stunning – both as an academic tour-de-force and for its searing account of how poorly women fare in divorce litigation in China. Drawing on some 150,000 cases, Ethan Michelson not only brilliantly demonstrates the deep institutional roots of that experience, but also uses it to raise profound questions with which any scholar doing comparative law of any type will need to grapple.' William P. Alford, Jerome A. and Joan L. Cohen, Professor of Law, Harvard University'Based on meticulous research, Michelson shows how courts in China often deny divorce petitions brought by wives claiming domestic abuse. Penetrating the veneer of China's adherence to global norms of gender equality, the book probes the causes and devastating consequences of such routine denials. The result is a gripping account of the deep gender inequalities perpetuated by the judicial system in China. Michelson digs deep into the sociologists' methodological toolkit to substantiate his claims.' Mary C. Brinton, Reischauer Institute Professor of Sociology, Harvard University, Director, Edwin O. Reischauer Institute of Japanese Studies'Through his innovative use of a computational approach to analyzing voluminous online written divorce decisions, Professor Michelson has convincingly pinpointed the sources of institutional failures of the Chinese civil justice system to uphold women's rights and to protect them from marital abuse despite its legal promises. Complemented by qualitative examples, the mixed-method analysis is meticulous, powerful, and eye-opening. It is maddening to learn that domestic violence or abuse by a husband does NOT improve a woman's chance of getting a divorce in court, NOR does it increase her chance of being granted child custody.' Feinian Chen, Professor of Sociology, University of Maryland, College Park'Combining big data analysis of hundreds of thousands of Chinese court decisions with deep knowledge of Chinese society, Ethan Michelson probes the gap between black letter law and courtroom practice to expose the pain and injustice of judge centered divorce proceedings and to highlight a more universal pattern whereby coping mechanisms of lower level bureaucrats systemically undermine policies to advance equality before the law. A rare and successful account that simultaneously explains how Chinese courts work and why women usually get worse outcomes than men as plaintiffs and defendants.' Deborah Davis, Professor Emerita of Sociology, Yale University'This book offers an illuminating account of family law in China and shows that women have borne high costs from a clampdown on adjudicated divorce. The book carefully traces implications of adjudicated divorce practices for women's rights, family violence, and child custody. This fascinating book should be essential reading for those interested in family studies, gender inequality, domestic violence, or children's rights and welfare in China.' Emily Hannum, Stanley I. Sheerr Term Professor in the Social Sciences, University of Pennsylvania'Michelson's book reveals the quotidian reality of divorce in China. Divorce is supposed to be straightforward but it is decidedly not. Driven by a complicated set of informal incentives, Chinese judges routinely refuse to grant initial petitions for divorce, thereby victimizing women, especially victims of domestic violence. The book is essential reading for anyone interested in comparative law.' Kathryn Hendley, Roman Z. Livshits & William Voss-Bascom Professor of Law & Political Science, University of Wisconsin-Madison'Ethan Michelson provides the reader with an impressive deep dive into the challenges faced by Chinese women seeking a divorce from an unwilling husband, focusing particularly on cases with an allegation of domestic violence. Michelson skillfully combines narrative with statistical analyses to paint a troubling picture of what Chinese woman face in seeking a contested divorce. This book will be important reading for scholars of courts, gender, and Chinese society and culture.' Herbert M. Kritzer, Marvin J. Sonosky Chair of Law and Public Policy, University of Minnesota Law School'Mining a treasure trove of court decisions available in the public domain, Michelson takes readers on a fascinating, revealing and piercing journey through China's divorce court system. Weaving together massive big data analyses with heart wrenching stories of domestic abuse, clogged divorce courts, judges' career concerns and patriarchal ideology, this book offers a powerful critique of the contradiction between the rhetoric and reality of women's equal rights in China.' Ching Kwan Lee, Professor of Sociology, University of California, Los Angeles'Decoupling offers a stinging indictment of Chinese judges for routinely denying divorce petitions, overlooking domestic violence, and even rewarding abusive husbands with child custody. Through exhaustive quantitative examination of nearly 150,000 adjudicated divorces and in-depth qualitative research, Michelson provides an extraordinary analysis of divorce in China. The book meticulously shows how Chinese judges promote state interests in “harmony” and “stability,” seek judicial efficiency due to heavy caseloads, and enforce patriarchy.' Lynn Mather, SUNY Distinguished Service Professor Emerita, University at Buffalo School of Law'In this masterful blend of narrative case analysis and computational social science, Ethan Michelson analyzes over one hundred thousand divorce cases posted on regional court websites, providing a compelling explanation for pervasive judicial behavior that ignores black letter law, disadvantaging female plaintiffs in ways that blatantly discount even the most egregious cases of domestic violence. The substantive findings and methodology will be of broad interest in the sociology of law, gender studies, and the interdisciplinary study of contemporary China.' Andrew G. Walder, Denise O'Leary & Kent Thiry Professor, Stanford University'Digging deeply into “big divorce data” in China, Ethan Michelson shows that Chinese women remain severely disadvantaged in a society that claims to have created gender equality. I recommend this book to anyone who is interested in gender, family, and law in China.' Yu Xie, Bert G. Kerstetter '66 University Professor of Sociology and Director of Paul and Marcia Wythes Center on Contemporary China, Princeton University'Decoupling is an ambitious and fascinating study that illuminates the discrepancy between China's official promotion of gender equality and the reality faced by many women. Michelson superbly demonstrates how institutional forces and patriarchy together undermine China's marriage laws and result in systematic injustice against women in divorce courts and violence in their homes. This rich and gripping book is relevant to all gender and family scholars.' Wei-hsin Yu, Professor of Sociology, University of California, Los AngelesTable of ContentsPreface and acknowledgments; 1. Sisyphus goes to divorce court; 2. The right to decouple; 3. The divorce twofer: Why court behavior is decoupled from the right to decouple; 4. Studying judicial decision-making: Court decisions in Henan and Zhejiang; 5. 'Many cases, few judges' and the vanishing three-judge trial; 6. Tracing the origins of the divorce twofer to heavy caseloads; 7. How judges gaslight domestic violence victims in divorce trials; 8. Divorce denials: Judicial discourse and judicial decision-making; 9. Fight or flight: Consequences of the judicial clampdown on divorce; 10. Possession is nine-tenths of the law: Why wife-beaters gain child custody; 11. Quantitative patterns in child custody determinations: Sons to fathers, daughters to mothers, abusers rewarded, victims punished; 12. Conclusions: Assessing the impact of law by observing judicial behavior; References; Index.

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Book SynopsisJackson''s Matrimonial Finance is an authoritative specialist text covering all aspects of financial problems arising from the breakdown of a marriage. The new tenth edition brings the content fully up to date with recent developments following reforms and changes to family law procedure including: * Introduction of the single family court provided by the Crime and Courts Act 2013, * Children and Families Act 2014 including support for those whose parents are separating, * Introduction of child arrangement orders (FPR 2010, PD 12) to replace residency and contact orders, * Impact of ante-and post-nuptial settlements following Radmacher v Granatino 2 and Luckwell v Limata 3* The effect of pensions reform

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Book SynopsisCompares today's same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement's campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize.Wedlocked turns to history to compare today's same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves' involvements with marriage and draws lessons that serve as cautionary tales for today's marriage rights movements. While be careful what you wish for is a prominent theme, they also teacTrade ReviewWedlocked is a brilliantly conceived cautionary tale of the risks of securing a & freedom to marry. Drawing upon original research into the complications that marriage rights carried for slaves freed in the 1860s, Katherine Franke warns that marriage rights are not the unalloyed triumph for gay people and same-sex couples that the Supreme Court and virtually all commentators have claimed. Anyone interested in gay marriage should read this bookbut so should anyone concerned about the stubborn perseverance of racism in America. For those who appreciate irony, compare this fascinating book with Justice Thomass skeptical dissent in the recent marriage equality cases. -- William N. Eskridge Jr.,author of Dishonorable Passions: Sodomy Laws in America, 1861-2003A provocative intervention into legal and cultural debates concerning same-sex marriage. Plumbing the well-known analogy between race and sexual orientation in new ways,Wedlockedoffers a clear-eyed meditation on the traps and tripwires that marriage, as a highly regulative and deeply gendered legal construct, imposes on non-normative communities. With compelling stories, the book takes on the tenets and truisms of same-sex marriage proponents in startling ways. A real conversation-starter. -- Martha Umphrey,Professor of Law, Jurisprudence, and Social Thought, Amherst CollegeIf marriage is the much-exhausted metric of morality in our times, Katherine Frankes Wedlocked turns razor-sharp insight to the tangled genealogy of its often-incoherent power in the American context. Franke aligns struggles for gay marriage rights with African Americans first access to the right to marry, smartly exposing the malleable line between intimacy and the untouchable. -- Patricia J. Williams,author of the column “Diary of a Mad Law Professor” for The Nation[E]ven if same-sex marriage recognition does not exactly replicate the experiences of post-Civil War African American couples, the history of state-sanctioned African American marriage, by turns exhilarating and crushing, remains an important challenge to the dominant narrative that recognition is a pure good, as well as a reminder that there are always (at least) three parties in every marriage. And yet the romantic conception of marriage continues to peddle the idea that intimate relationships are the most private and personal of decisions made between two people. * Times Literary Supplement *Apersuasive and provocative addition to scholarship on the history and the influence of marriage. * Women’s Review of Books *

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Book SynopsisA provocative exploration of how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it.Trade Review"[A] compelling reappraisal of domestic violence . . . outstanding for collections on women and the law, domestic violence, and victimization. Highly recommended." -- D. Schultz,CHOICE"Goodmark's synthetic, accessible, and critical account of the development, current condition, and possible futures of legal remedies for women subjected to abuse tracks the progress and perils of three decades of inspired feminist legal activism. Goodmark raises important questions about feminist theory and legal advocacy while engaging longstanding debates about strategies for social change and the limits and possibilities of the state as a terrain of feminists struggle." -- Lisa D. Brush * Tulsa Law Review *"A Troubled Marriage is powerful and spot-on in its challenges to those of us who have given over so much to the state through law and funding. It is a must read for everyone involved in crafting law, litigating for reforms, creating new services and assistance (which may or may not be what battered women would chose) and surrendering to the power of the state in so many ways.I urge activists to come together for conversation and debate about A Troubled Marriage." -- Barbara J. Hart,co-founder, National Coalition Against Domestic Violence"In this important book, Goodmark bravely exposes the range of feminist premises about violence in the home, steadfastly confronts the paradoxical reality of under- and over-enforcement of existing law, and calls for a wide new range of remedies far beyond the ken of dominance feminisms crabbed penal imagination. Respect for womens agency and womens strategies in and through sex and power animate this dramatic, comprehensive, immensely readable, completely new approach. Goodmarks anti-essentialist feminism is the voice of a new generation. It could change the program of legal feminism, vastly for the better." -- Janet Halley,author of Split Decisions: How and Why to Take a Break from Feminism"We all think we know what 'justice' is, what it looks like. But in this thoroughly researched and carefully argued book, Leigh Goodmark demonstrates that justice has multiple meanings, depending on who is doing the defining. She also makes clear that women who have been abused often find their ability to define and seek justice usurped by others who believe they know 'what's best.' Goodmark's analysis highlights the possibilities and limits of law for abused women seeking justice, and proposes extra-legal remedies that will undoubtedly spark debate, but ultimately may prove appealing to the true experts on domestic violence: women who have experienced abuse." -- Claire M. Renzetti,author of Feminist Criminology"She uses both theory and legal case studies to build her narrative: it is an effective strategy, one that makes Goodmark's criticism of the current legal system convincing." * Women's Studies Journal *"Leigh Goodmark's book effectively explains why scholars and practitioners have reached this conclusion and makes inroads to setting a new direction. In her analysis, the root of the problem is linked to the influence of 'dominance' feminism on reform practices and the solution is found in developing responses to domestic violence 'beyond the law.'" * Criminal Law Bulletin *Table of ContentsAcknowledgments Introduction 1 Developing the Legal Response 2 Defining Domestic Violence 3 Deconstructing the Victim 4 Separation 5 Mandatory Interventions 6 Reframing Domestic Violence Law and Policy: Anti-Essentialist Principles 7 A Reconstructed Legal System 8 Beyond the Law Notes Bibliography Index About the Author

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Book SynopsisArgues for legal reforms to protect couples who live apart but perform many of the functions of a familyLiving Apart Together is an in-depth look at a new way of being a couple and doing familyliving apart together (LAT)in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States.Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the UTrade ReviewExplores the psychological strengths and the legal vulnerabilities of mostly unmarried intimate partners who share emotional bonds, affection, sometimes their finances, and almost always a sense of responsibility for each other’s welfare, but nevertheless choose to maintain separate residences. Living Apart Together prompts readers to rethink with care what we mean by family, intimacy, monogamy, commitment and relationship: neither marriage nor cohabitation may be as central to adult relational intimacy as we have come to think. -- Robin West, Frederick J. Haas Professor of Law and Philosophy, Georgetown University Law CenterThis eminently readable academic book provides the first socio-legal exploration of the Living Apart Together (LAT) phenomenon in the USA and considers what legal status, if any, such new-style families should have within family law. Drawing on recent empirical research, it exposes the likely scale of LAT couples in the US as some 10 per cent of the adult population and carefully reflects upon their similarities and differences to other more traditional family forms. This is an excellent and stimulating work which confirms how the law should be alert to the changing family fabrics of society. -- Anne Barlow, Professor of Family Law and Policy, University of Exeter Law SchoolBowman casts a spotlight on a widespread but little noticed living arrangement, couples who live in separate residences, known in European census data as LAT, living apart together. She explores the attraction of LAT for couples seeking relationships of equality and intimacy, particularly women, gay males, and older people. -- Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine, and Psychiatry Emerita, NYU Law SchoolCan our understanding of domestic relations survive the omission of “domestic”? Bowman’s fascinating study of LATs thoroughly explores this question, showing how intimacy and notions of family can defy even foundational assumptions. This engaging book contributes important new data and insights to the literature on contemporary transformations in family life and family law. -- Susan Frelich Appleton, Lemma Barkeloo & Phoebe Couzins Professor of Law, Washington University School of Law

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Book SynopsisDivorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian...Trade ReviewDivorcing Traditions makes a valuable contribution to understanding the relationships between religion, kinship, and personal law. Lemons' case study brings to the fore the place of minority differences in the practices of secularism. * PoLAR *Lemon's book meticulously points to the double labour Indian Muslims must perform under the sign of the Indian secular... Divorcing Traditions is a timely and groundbreaking contribution to the study of Indian politics, to legal history and anthropology, and women's and gender studies. * Political Theology Journal *Divorcing Traditions is an excellent work that challenges the discussion on divorce by islamic and religious scholars and can stimulate new reflections and more cautious judgements about practiced Islam. * Anthropos *

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Book SynopsisChina after Mao has undergone vast transformations, including massive rural-to-urban migration, rising divorce rates, and the steady expansion of the country's legal system. Today, divorce may appear a private concern, when in fact it is a profoundly political matter—especially in a national context where marriage was and has continued to be a key vehicle for nation-state building. Marriage Unbound focuses on the politics of divorce cases in contemporary China, following a group of women seeking judicial remedies for conjugal grievances and disputes. Drawing on extensive archival and ethnographic data, paired with unprecedented access to rural Chinese courtrooms, Ke Li presents not only a stirring portrayal of how these women navigate divorce litigation, but also a uniquely in-depth account of the modern Chinese legal system. With sensitive and fluid prose, Li reveals the struggles between the powerful and the powerless at the front lines of dispute management; the complex interplay between culture and the state; and insidious statecraft that far too often sacrifices women's rights and interests. Ultimately, this book shows how women's legal mobilization and rights contention can forge new ground for our understanding of law, politics, and inequality in an authoritarian regime.Trade Review"Ke Li's sophisticated multi-disciplinary analytic framing and explicit critique of received wisdom engage debates over the role of courts, legal professionals, and black-letter law beyond those of China or of authoritarian states. One of the most analytically original and theoretically informed investigations of divorce I have ever read."—Deborah Davis, Yale University"An instant landmark work. Li seamlessly fuses extensive firsthand interviews with a masterful analysis of Chinese legal developments to illustrate the harsh realities confronting migrant women seeking divorce. A must-read for anyone interested in law, society, and gender in China today."—Carl Minzner, Fordham Law School"Li's book presents an illuminating look at the changing social institution of marriage in contemporary China. Highly recommended."—S. K. Ma, CHOICE March"Ke Li's analysis is more than a superb ethnographic and historical account of changes in the Chinese court system and its effect on women. It is also a sustained effort to place the historical changes within an analytical framework that explores how cultural beliefs shape governmental policy and, thus, the resolution of a divorce case."—William Jankowiak, NAN Nü"Based on more than 10 years' in-depth field research in two rural townships in Sichuan Province, Li provides a vivid picture of how rural women struggle in strained marriage, and how they mobilize state law to fight for their freedom and rights in intimate relationships, and how the judicial institutions respond to these women's claims.... Li sees through the gendered outcomes in different individual divorce cases to make a big story that links state law, power, and inequality together."—Mengni Chen, Social ForcesTable of ContentsIntroduction 1. Audiences, Theoretical Objectives, and Arguments 2. Marriage on the Move 3. Disputation as a State Enterprise 4. The Rise and Fall of Legal Workers 5. Judging Divorce in the People's Courts 6. Onstage and Offstage 7. Issues and Nonissues Epilogue

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Book SynopsisChina after Mao has undergone vast transformations, including massive rural-to-urban migration, rising divorce rates, and the steady expansion of the country's legal system. Today, divorce may appear a private concern, when in fact it is a profoundly political matter—especially in a national context where marriage was and has continued to be a key vehicle for nation-state building. Marriage Unbound focuses on the politics of divorce cases in contemporary China, following a group of women seeking judicial remedies for conjugal grievances and disputes. Drawing on extensive archival and ethnographic data, paired with unprecedented access to rural Chinese courtrooms, Ke Li presents not only a stirring portrayal of how these women navigate divorce litigation, but also a uniquely in-depth account of the modern Chinese legal system. With sensitive and fluid prose, Li reveals the struggles between the powerful and the powerless at the front lines of dispute management; the complex interplay between culture and the state; and insidious statecraft that far too often sacrifices women's rights and interests. Ultimately, this book shows how women's legal mobilization and rights contention can forge new ground for our understanding of law, politics, and inequality in an authoritarian regime.Trade Review"Ke Li's sophisticated multi-disciplinary analytic framing and explicit critique of received wisdom engage debates over the role of courts, legal professionals, and black-letter law beyond those of China or of authoritarian states. One of the most analytically original and theoretically informed investigations of divorce I have ever read."—Deborah Davis, Yale University"An instant landmark work. Li seamlessly fuses extensive firsthand interviews with a masterful analysis of Chinese legal developments to illustrate the harsh realities confronting migrant women seeking divorce. A must-read for anyone interested in law, society, and gender in China today."—Carl Minzner, Fordham Law School"Li's book presents an illuminating look at the changing social institution of marriage in contemporary China. Highly recommended."—S. K. Ma, CHOICE March"Ke Li's analysis is more than a superb ethnographic and historical account of changes in the Chinese court system and its effect on women. It is also a sustained effort to place the historical changes within an analytical framework that explores how cultural beliefs shape governmental policy and, thus, the resolution of a divorce case."—William Jankowiak, NAN Nü"Based on more than 10 years' in-depth field research in two rural townships in Sichuan Province, Li provides a vivid picture of how rural women struggle in strained marriage, and how they mobilize state law to fight for their freedom and rights in intimate relationships, and how the judicial institutions respond to these women's claims.... Li sees through the gendered outcomes in different individual divorce cases to make a big story that links state law, power, and inequality together."—Mengni Chen, Social Forces"Well-written and insightful, Li's work on divorce litigation sheds significant new light on the law, politics, and inequality in an authoritarian state."—Soo-Yeon Yoon, Contemporary SociologyTable of ContentsIntroduction 1. Audiences, Theoretical Objectives, and Arguments 2. Marriage on the Move 3. Disputation as a State Enterprise 4. The Rise and Fall of Legal Workers 5. Judging Divorce in the People's Courts 6. Onstage and Offstage 7. Issues and Nonissues Epilogue

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Book SynopsisIreland is the first country in the world to extend civil marriage to same sex couples through a public vote. The marriage equality referendum saw record numbers turn out to register their votes including Irish emigrants who returned from around the world to ensure an impressive majority in favour of this constitutional amendment. The overwhelming positive result marked a clear separation of church and State for possibly the first time in Ireland. The Yes Equality campaign ignited a social revolution across Ireland, witnessed more recently with further referenda decriminalising abortion and introducing a less punitive regime for obtaining a divorce.Utilising published reports, newspaper articles, marriage equality papers and extracts from Dáil debates, this book traces the key legislative and social changes surrounding Irish marriage equality, from the establishment of the advocacy group in 2008 to the referendum on the extension of civil marriage rights to same-sex couples in Ireland in 2015. With a foreword by Ivana Bacik, a Senator and Reid Professor of Criminal Law, Criminology and Penology at Trinity College Dublin, best known for her tireless work defending human rights, this book offers a concise historical record of the momentous referendum on marriage equality.Trade Review'Sonja Tiernan’s invaluable contribution to the history of social progress in Ireland recognises and celebrates the many unsung heroes who worked for long years to achieve the historic 2015 result.'From the foreword by Senator Ivana Bacik'How a revolution is chronicled is almost as important as the revolution itself, because without a clear and informed history, the lessons of the revolution are lost. Luckily for us and for future generations, the lessons of the history of marriage equality in Ireland are safe in the hands - and prose; and sharp mind - of Sonja Tiernan.'Rory O’Neill (Panti Bliss)‘The steady if not always stirring story of legal reform and legislative process is one of the important themes threading Tiernan’s history of Ireland’s marriage movement. Indeed, despite that revolutionary subtitle, the strength of this book is not a portrait of social revolution but the author’s careful and almost methodical representation of the movement and its legal and political contexts. [...] Now we can add Sonja Tiernan’s careful and rich historical account to [the] little bookshelf of radical change.’Estudios Irlandeses‘I have no doubt that this book will inspire future studies on the history of LGBTQ rights and activism in Ireland [...] I hope that future research will build on Tiernan’s excellent work and utilise oral history to further illuminate the experiences of Irish LGBTQ men and women and activists.'Women's History Association of Ireland'Reminds us that successful campaigns often build on the hard, decades-long work of activists.'Michaela Appeltova, Radical History Review'Tiernan takes the reader on a very well-mapped journey through the ups and downs and complications of the campaign for equal marriage, which included tensions between those that sought civil partnership and those that believed only same-sex marriage would bring real equality. Tiernan’s study is a tribute to activism; it highlights what thankless work it can often be and how determination is the key ingredient required. Crucially, she reinforces the value of knowing the history of things because the arguments and tactics used to block change are rarely new.'Lindsey Earner-Byrne, Irish Historical Studies (2022), 46 (169) -- .Table of ContentsIntroduction1 Irish Historical and Global Context2 The Path to the High Court3 Civil Partnership Bills4 Marriage Equality a New Direction5 Political Lobbying, the Media & Influencing Public Opinion6 Meeting the Challenges of the Twenty First Century7 Preparing for a Revolution8 Yes Equality9 The Campaign in Action10 The Final Hurdles11 The ReferendumAfterword: Future DirectionsBibliographyAppendixIndex

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Book SynopsisSlaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.Table of Contents1. Introduction: Polygamy, Law and Women’s Lives 2. Consciousness and Disruption in Critical Postcolonial Feminism 3. Polygamy in England: Tracing Legal Developments 4. History and Conflict of Laws in Overseas Polygamy 5. Tensions in Religion and Culture 6. Complicating Harm and Gender Equality 7. Religion, Recognition and Marriage Law 8. Final Thoughts and Reflections

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Book SynopsisCohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.Table of ContentsIntroduction ~ Rajnaara C. Akhtar, Patrick Nash and Rebecca Probert Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future? ~ Rebecca Probert ‘Cohabitants’ in the Law of England & Wales: A Brief Introduction ~ Joanna Miles Modern Marriage Myths: The Dichotomy Between Expectations of Legal Rationality and Lived Law ~ Anne Barlow The Case for Moving Away From ‘Non-Qualifying Marriage’ Declarations ~ Vishal Vora Religious-Only Marriages and Cohabitation: Deciphering Differences ~Rajnaara C. Akhtar From Regulating Marriage Ceremonies to Recognising Marriage Ceremonies ~ Rehana Parveen At the Margins: Nikah Ceremonies in the UK – A Tool for Empowerment? ~ Zainab Naqvi In Pursuit of an Islamic Divorce: A Socio-Legal Examination of Practices Among British Muslims, Informal and Legal Solutions ~ Islam Uddin Arbitration as a Legal Solution for Relationship Breakdown in the Muslim Community: The Case of the Muslim Arbitration Tribunal ~ Amin Al-Astewani ‘Regrettably It Is Not That Simple’: The Case for Minimalistic Marriage Laws ~ Patrick Nash Conclusion

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Book SynopsisEPDF and EPUB available Open Access under CC-BY-NC-ND licence. In principle, couples getting married in England and Wales can choose to do so in a way that reflects their beliefs. In practice, the possibility of doing so varies considerably depending on the religious or non-religious beliefs they hold. To demonstrate this divergence, this book draws on the accounts of 170 individuals who had, or led, a wedding ceremony outside the legal framework. The authors examine what these ceremonies can tell us about how couples want to marry, and what aspects of the current law preclude them from doing so. This new evidence shows how the current law does not reflect social understandings of what makes a wedding meaningful. As recommended by the Law Commission, reform is urgently needed.Table of Contents1. Introduction 2. Anglican, Quaker, and Jewish Weddings 3. Christian Weddings in Registered Places of Worship 4. Muslim, Hindu, Sikh, and Buddhist Weddings in Registered Places of Worship 5. Choices and Constraints Where Couples Do Not Share Religious Beliefs 6. Paganism and the Desire To Be Married Outdoors 7. Belief in Humanist Ceremonies 8. Personalisation and Belief: The Role of the Independent Celebrant 9. Ceremonies Led by Friends and Family 10. Conclusion

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Book SynopsisDesigned to help all professionals--lawyers, as well as mental health professionals, financial neutrals, etc.--who practice in the area of Collaborative Divorce, this book explains how marital dynamics (both conscious and unconscious), combined with the traumas of both the current divorce and those resulting from previous situations, will be re-enacted within the Collaborative process. If these go unaddressed, misunderstood or unmetabolized by the team, they can impede progress, create difficulty in team functioning, result in a compromised agreement, or cause a complete breakdown of the process itself. Navigating Emotional Currents in Collaborative Divorce offers both a theoretical and practical roadmap for navigating the Collaborative process from an emotional point of view. The goal of the authors, Kate Scharff and Lisa Herrick, is to sensitize all team members to the importance of attending to and working with their clients' emotional needs, and to give them the tools to do so in order to achieve the best result. In presenting this framework for thinking about divorcing clients and how best to work with them, Scharff and Herrick make these key assumptions: The ways our clients think, feel, and behave are often driven by unconscious factors; Those unconscious factors play a strong, sometimes problematic role in the course of a Collaborative case; and, It is only by developing an understanding of the dynamics underlying our clients' patterns of thinking, feeling, and behaving that we can help them to navigate the Collaborative process. The authors examine the psychological underpinnings of the Collaborative process itself (why we do what we do), the ways in which individual professionals and their teams are affected by the emotional make-ups of their clients, and the issues of assessment and technique. One might wonder how relevant it is to their divorce practice that the author venture into what might feel like psychotherapeutic terrain. The primary answer is that unless you understand all the reasons that a couple becomes a couple, you can't understand what happens to them as their marriage unravels.

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Book SynopsisAt the core of being a trial lawyer is a working knowledge of the rules of evidence: how to get evidence admitted or kept out in a contested trial or hearing. Procedures to authenticate exhibits are the building blocks of any case, and objections and their responses are the mortar. The Family Law Trial Evidence Handbook is a common sense guide to these fundamentals. Based upon the author's years of family law practice and from his teaching experience at the ABA Family Law Trial Advocacy Institute, this handbook is organized in a practical format that can work for all family law trial lawyers, regardless of whether they practice in a state that uses a variation on the Federal Rules or a common law body of rules on evidence. It combines the substantive knowledge critical to assist family lawyers understand the concepts and theories of evidence with a supremely useful format that ensures that the necessary information can be located and absorbed quickly. Topics include: The fundamentals of evidence Relevance Evidence of character and habit Hearsay and hearsay exceptions Judicial notice and presumptions Authentication of writings and other tangible evidence Original writing rule and the rule of completeness Competency of witnesses Evidentiary privileges Expert witnesses Examination of witnesses Tendering exhibits, objections, and offers of proof Procedures for streamlining admission of evidence Requests to admit facts and genuineness of documents Judges identify lawyers who can try cases well and appreciate their skill, and good settlements come from superior trial skills. It is axiomatic, but knowledge is power. This book is the starting point for lawyers pursuing excellence in divorce trial advocacy.

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Book Synopsis

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Book Synopsis

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Book SynopsisThis one-of-a-kind resource explains how to use the 1040 return as a discovery tool in divorce cases -- in practice, not theory. Showing where to start a review of an individual's return and how to discover cash flow, the existence of assets and other valuables, The 1040 Handbook provides practical assistance for drafting a detailed and effective discovery plan for assets and income, personal as well as business. Using a hypothetical couple's 2020 tax return, The 1040 Handbook provides a line-by-line analysis of the federal tax form and its schedules to suggest appropriate areas of inquiry. Author Jack Zuckerman shows what each line reveals about a couple's assets and the income, and notes the clues that should be followed up on, the red flags to watch for, and the indications that additional key documents exist and should be obtained. It also discusses the important facts to gather during the initial client consultation and how the 1040 form can be used to: Draft a tentative list of assets Identify appropriate areas of inquiry Ask the appropriate questions Develop a list of additional documents to obtain Individual chapters cover the 1040's most commonly used schedules and forms, providing a clearly written discussion of each along with a sample form. In addition, this book offers a wealth of information on: Identifying income and assets Recognizing assets disguised as deductions Tip-offs to predivorce movement of assets Business expenses that could be considered income Deductions and assets that may be future tax liabilities IRAs and Keogh accounts And much more!

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Book SynopsisTable of Contents: Introduction Alternative Billing for Attorney Representation Technology to Effectively Expedite Public Resources for Use in Child Custody Litigation Discovery and How to Effectively Get Your Needed Evidence Dealing with the Unrepresented Opposing Party Explore and Develop Options for Finding Low-Cost (Necessary) Professionals Techniques to Settle at Mediation Depose or Not to Depose The Cost-Effective Trial Litigating Child Custody in a Pandemic Final Points

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Book SynopsisFamily lawyers are dealing with a burgeoning number of cases involving special needs children. These families have much higher divorce rates and their cases often involve more specialized handling. To meet these demands, this book takes a practical look at what special needs are, how they are relevant in the arena of divorce, and what lawyers can do to make the system work better for these children and their families.Special needs are often determined following the categories that the public education system considers eligible for special education services, including autism, physical limitation and health impairment, emotional disturbance, learning disability, and developmental delay, among many others. The author begins by discussing what special needs are in terms of legislation and how such cases are evaluated and then handled in the court. Issues addressed include the initial interview, drafting divorce petitions and motions, and legislation and case law.The Special Needs Child and Divorce, Second Edition examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and Chapter 6 provides a model child support chart, parenting plan, and modification for these cases. Subsequent chapters address other aspects raised by handling a case with a special needs child, including maintenance and property division, the roles of the parties in the divorce process, guardianships, special needs trusts, and other estate planning issues.Drawn from her years of experience in handling divorce and family court cases involving special needs children, the author provides numerous practice tips throughout the book. In addition, she includes valuable sample language and forms throughout the text that illustrate how modifications are needed to adequately address issues raised by a special needs child. Other chapters offer sample forms and documents that have been developed or adapted for use in divorce cases involving children with special needs and checklists to help guide you through the key elements of handling the case.Table of ContentsContentsAuthor’s Note ixAbout the Author xiAcknowledgments xiiiIntroduction xvCHAPTER 1What Are Special Needs? 1I. Legislation Regarding Disabilities 2II. Evaluating Special Needs in Family Court Cases 3III. Case Management for the Courts 6A. What Types of Special Needs Can a Child Have? 7B. How Can the Lawyer or Judge Know When a ParticularCase Should Be Considered a Special Needs Case? 10CHAPTER 2How to Recognize and Handle Issues of Special Needsin Family Law Cases 11I. The Initial Client Interview 12II. Drafting Divorce Petitions and Answers 17III. Additional Litigation Stages 35A. Interrogatories—Standard Question for Form Interrogatories 35B. Discovery in General 36C. Maintenance/Alimony Calculations 52D. Parenting Plan 53IV. Posttrial Motions 80V. Undiagnosed Special Needs 84A. Indicators That an Evaluation May Be Necessary 851. Autism 852. Hearing Deficits 863. Visual Deficits 864. Mental Retardation 875. Learning Disabilities 876. Attention-Deficit/Hyperactivity Disorder 897. Emotional Disturbances 908. Orthopedic Impairments 929. Multiple Disabilities 9210. Traumatic Brain Injury 9211. Other Health Impairments 93VI. Recognizing and Applying Special Needs to Divorce Cases 93CHAPTER 3How Special Needs Can Affect a Child in a Divorce Case 95I. Treating Children with Special Needs during Divorce 96A. During the Divorce 97B. After the Divorce 97II. Impact of Divorce on Special Needs Children, by Categoryof Special Need 98A. Autism, Developmental Delays 98B. Hearing Impairment, Visual Impairment, and Speechor Language Impairment 98C. Emotional Disturbance 99D. Mental Retardation, Traumatic Brain Injury 99E. Orthopedic Impairments, Other Health Impairments 99CHAPTER 4Why Child Support Guidelines and Standard Visitation SchedulesDo Not Meet the Needs of Special Needs Children 101I. Child Support Charts 101A. Short-Term Needs 1011. Preexisting Expenses 1012. Therapy 1023. Equipment 1034. Medication 1035. Supplements 1036. Dietary Costs 1037. Sensory Items (Therapy, Different Clothing/Other Items,Take-Along Items) 1048. Respite Care 1059. Professionals 10610. Modifications to the Home Environment 10611. Changes in the Child’s Needs 10612. Costs Caused by the Divorce 107B. Long-Term Needs 107II. Visitation Schedules 108A. Noncustodial Parent 1081. Child’s Schedule 109B. Environmental Modifications 111CHAPTER 5Legislation, Case Law, and Parenting Plans 113I. Legislation 113A. Federal Law 1141. Health Care Issues 1142. Educational Issues 115B. State Law 116II. Case Law 119A. Standard Child Support Chart 123B. Standard Parenting Plan 126CHAPTER 6Model Child Support Chart, Parenting Plan, and Modification 151CHAPTER 7Maintenance and Property Distribution in Special Needs Cases 165I. Maintenance 165II. Property Distribution 167III. Retirement Accounts 167IV. Career Advancement 168CHAPTER 8Roles of the Parties 169I. Rights of the Parties 169A. Special Needs Child 169B. Custodial Parent (Primary Caregiver Parent) 169C. Noncustodial Parent (Non–primary Caregiver Parent) 169D. Lawyers 170E. Judge 170F. Guardian ad Litem/Special Needs Coordinator 171G. Other Professionals 171II. Responsibilities of the Parties 171A. Special Needs Child 171B. Parents 171C. Lawyers 171D. Judge 172E. Other Professionals 172III. Participation 173CHAPTER 9Special Considerations in Special Needs Family Law Cases 175I. Individualized Education Plans (IEPs) and 504 Plans 175II. Behavior—School and Criminal Justice System 177III. Religion 178IV. Parents with Special Needs 179V. Planning for a Crisis 180VI. Using Technology to Facilitate Co-Parenting 182CHAPTER 10Estate Planning for Families with Special Needs 183I. Special Needs Trusts 184II. Guardianships 185III. Conservatorships 185IV. Additional Estate Planning Options for Families with Special Needs 186CHAPTER 11Forms and Samples 187CHAPTER 12Resources 245I. Center for Parent Information and Resources 245II. State Councils on Developmental Disabilities 246III. State Departments of Education 251CHAPTER 13Bibliography 257CHAPTER 14Checklists 2751. Initial Interview—What to Ask the Client 2752. Client File Contents—Items the Lawyer Should Have in Her ClientFile When Handling a Special Needs Divorce Case 2783. Drafting the Petition—Special Subject Areas for the Petition 2794. Statement of Income and Expenses—What Should Be Includedin the Statement of Income and Expenses 2795. Answer and Cross-Petition—How to Prepare the Answerand Cross-Petition 2796. Discovery—Subjects to Explore through the Discovery Process 2807. Temporary Orders—Do You Need to File a PDL Motion(Interim Order)? 2848. Child Support—Special Considerations Regarding Child Support 2859. Custody—Special Considerations Regarding Custody 28510. Visitation—Special Considerations Regarding Visitation 28611. Support Systems for the Special Needs Child—Help for the SpecialNeeds Child during and after Divorce 28612. Property Distribution—Special Considerations Regarding PropertyDistribution, Including Retirement Accounts 28713. Counseling—Special Issues for Counseling 287Parents 287Special Needs Children 288Siblings of Special Needs Children 288Glossary 289Index 297

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Book SynopsisChinese Family Law and Practice provides the most up-to-date information about statutes, court rules, and reported cases relevant to issues arising from the day-to-day practice of Chinese family law. It is a much-needed reference guide of Chinese family law for attorneys and judges around the globe. It offers not only a comprehensive overview of the rules of Chinese family law but also in-depth analyses to demonstrate how these rules are applied in Chinese courts. In addition, this book offers a critical introduction to Chinese family law for further academic research from the perspective of a practitioner. It illustrates not only the framework of Chinese family law but also its historical, cultural, and ideological context from a comparative perspective. Written in plain language, this book is also a good source of information for non-lawyers who are navigating through Chinese family law system.Trade Review"It is absolutely vital, when advising on a multi-jurisdictional family law case, to have a fundamental grasp of the foreign jurisdiction's laws and practice. Rong Kohtz has artfully pulled together a treatise, geared for U.S. lawyers, on the basic principles in Chinese family law in what will be a staple of any family lawyer's library."– Melissa Kucinski, International Family Lawyer, MK Family Law"An insightful and comprehensive account of family law in China. This book is essential reading for anyone interested in the practice of family law in China."– Benjamin L. Liebman, Robert L. Lieff Professor of Law, Columbia Law SchoolTable of ContentsTable of Contents: Historical and Cultural Context of Chinese Family Law Sources of Chinese Family Law The Chinese Judiciary Civil Procedure Law and Rules in Family Matters Fundamental Concepts and Principles of Chinese Family Law Marriage: Husband and Wife Dissolution of Marriage Dissolution of Marital Property Regime Parent-Child Relationship Parents and Minor Children Domestic Violence International Aspects of Chinese Family Law Concluding Comments

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisThis new book is a practical and up-to-date guide to the reforms and related issues arising from the Divorce, Dissolution and Separation Act in relation to marriage and civil partnership in England and Wales.

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Book SynopsisYour family lawyer in a book.Whether you are married or living together – with children or without, if you are thinking about or are in the process of splitting up, this book is for you. When a relationship breaks down it’s hugely stressful and emotional – and often very confusing. Who gets to keep what? Will I ever see my kids? What needs to happen and when? What if things get nasty? This all-encompassing book, by family lawyer Laura Naser with years of experience helping couples reach the best solution possible, is here to bring calm and clarity, whatever the situation. She will guide you through the entire process from making sure this is what you really want and knowing what’s at stake, through to detailing all your options (whether you are married or not), what to do and in what order, and with a specific focus on co-parenting, managing money, social media, effective communication and how to resolve tricky issues that come up along the way. See this book as your trusted companion and guide - everything you need to know to get through this and thrive is right here.

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Book SynopsisThis article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered. Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters. This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law. Contributors include: G. Biagioni, A. Bonomi, B. Campuzano Díaz, J. Carruthers, S. Corneloup, G. Cuniberti, E. D'Alessandro, P. Franzina, M. Gebauer, C. Kohler, S. Marino, C. Mariottini, D. Martiny, C.I. Nagy, J. Re, C. Ricci, A. Rodríguez Benot, L. Sandrini, I. Viarengo, P. WauteletTrade Review'This Italian initiative for a truly European Commentary on the new Regulations for property regimes of international couples must be warmly welcomed. Conceived with the help of a transnational team comprising some of the best academics in the field, this Commentary will help practitioners understanding the new harmonised regimes, as well as other interested lawyers making the necessary cross-references with other rules of the European judicial area. This new Elgar Commentary will be a guide for and towards the European future.' --Louis d'Avout, Université Panthéon-Assas (Paris II), France'The European Property Regulations for spouses and registered partners have, so far, not attracted much attention in legal literature, compared to other European instruments. Over a year after they became applicable, the supply of books on both Regulations in English is still scarce. This gap will now be closed by Ilaria Viarengo and Pietro Franzina with this truly comprehensive Commentary. The book brings together renowned authors from different Member States and will serve practitioners and academics as a valuable resource.' --Anatol Dutta, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: Preface xxi General introduction 1 Pietro Franzina and Ilaria Viarengo CHAPTER I SCOPE AND DEFINITIONS 14 Introduction by Pietro Franzina Article 1 Scope 17 Comment by Andrés Rodríguez Benot Article 2 Competence in matters of matrimonial property regimes [of property consequences of registered partnerships] within the Member States 29 Comment by Silvia Marino Article 3 Definitions 32 Comment by Andrés Rodríguez Benot CHAPTER II JURISDICTION 46 Introduction by Andrea Bonomi Article 4 Jurisdiction in the event of the death of one of the spouses [partners] 50 Comment by Andrea Bonomi Article 5 Jurisdiction in cases of divorce, legal separation or marriage annulment [in cases of dissolution or annulment] 67 Comment by Ilaria Viarengo Article 6 Jurisdiction in other cases 78 Comment by Pietro Franzina Article 7 Choice of court 85 Comment by Pietro Franzina Article 8 Jurisdiction based on the appearance of the defendant 92 Comment by Sabine Corneloup Article 9 Alternative jurisdiction 103 Comment by Pietro Franzina Article 10 Subsidiary jurisdiction 111 Comment by Pietro Franzina Article 11 Forum necessitatis 117 Comment by Giacomo Biagioni Article 12 Counterclaims 125 Comment by Giacomo Biagioni Article 13 Limitation of proceedings 130 Comment by Pietro Franzina Article 14 Seising a court 137 Comment by Pietro Franzina Article 15 Examination as to jurisdiction 146 Comment by Pietro Franzina Article 16 Examination as to admissibility 151 Comment by Pietro Franzina Article 17 Lis pendens 158 Comment by Csongor István Nagy Article 18 Related actions 166 Comment by Csongor István Nagy Article 19 Provisional, including protective, measures 171 Comment by Lidia Sandrini CHAPTER III APPLICABLE LAW 185 Introduction by Pietro Franzina Article 20 Universal application 187 Comment by Dieter Martiny Article 21 Unity of the applicable law 191 Comment by Dieter Martiny Article 22 Choice of the applicable law 195 Comment by Christian Kohler Article 23 Formal validity of the agreement on a choice of applicable law 212 Comment by Christian Kohler Article 24 Consent and material validity 222 Comment by Christian Kohler Article 25 Formal validity of a matrimonial [partnership] property agreement 232 Comment by Pietro Franzina Article 26 Applicable law in the absence of choice by the parties 241 Comment by Dieter Martiny Article 27 Scope of the applicable law 260 Comment by Janeen M. Carruthers Article 28 Effects in respect of third parties 271 Comment by Janeen M. Carruthers Article 29 Adaptation of rights in rem 283 Comment by Patrick Wautelet Article 30 Overriding mandatory provisions 295 Comment by Martin Gebauer Article 31 Public policy (ordre public) 306 Comment by Martin Gebauer Article 32 Exclusion of renvoi 312 Comment by Martin Gebauer Article 33 States with more than one legal system – territorial conflicts of laws 319 Comment by Beatriz Campuzano Díaz Article 34 States with more than one legal system – inter-personal conflicts of laws 327 Comment by Beatriz Campuzano Díaz Article 35 Non-application of this Regulation to internal conflicts of laws 330 Comment by Beatriz Campuzano Díaz CHAPTER IV RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS 332 Introduction by Pietro Franzina Article 36 Recognition 334 Comment by Pietro Franzina Article 37 Grounds of non-recognition 344 Comment by Gilles Cuniberti Article 38 Fundamental rights 354 Comment by Martin Gebauer Article 39 Prohibition of review of jurisdiction of the court of origin 360 Comment by Carola Ricci Article 40 No review as to substance 367 Comment by Csongor István Nagy Article 41 Staying of recognition proceedings 370 Comment by Elena D’Alessandro Article 42 Enforceability 374 Comment by Gilles Cuniberti Article 43 Determination of domicile 379 Comment by Jacopo Re Article 44 Jurisdiction of local courts 384 Comment by Jacopo Re Article 45 Procedure 387 Comment by Elena D’Alessandro Article 46 Non-production of the attestation 391 Comment by Elena D’Alessandro Article 47 Declaration of enforceability 393 Comment by Elena D’Alessandro Article 48 Notice of the decision on the application for a declaration of enforceability 395 Comment by Elena D’Alessandro Article 49 Appeal against the decision on the application for a declaration of enforceability 398 Comment by Elena D’Alessandro Article 50 Procedure to contest the decision given on appeal 403 Comment by Elena D’Alessandro Article 51 Refusal or revocation of a declaration of enforceability 405 Comment by Gilles Cuniberti Article 52 Staying of proceedings 409 Comment by Elena D’Alessandro Article 53 Provisional, including protective, measures 411 Comment by Lidia Sandrini Article 54 Partial enforceability 419 Comment by Gilles Cuniberti Article 55 Legal aid 422 Comment by Csongor István Nagy Article 56 No security, bond or deposit 425 Comment by Csongor István Nagy Article 57 No charge, duty or fee 428 Comment by Csongor István Nagy CHAPTER V AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS 430 Introduction by Pietro Franzina Article 58 Acceptance of authentic instruments 432 Comment by Pietro Franzina Article 59 Enforceability of authentic instruments 445 Comment by Pietro Franzina Article 60 Enforceability of court settlements 452 Comment by Gilles Cuniberti CHAPTER VI GENERAL AND FINAL PROVISIONS 455 Introduction by Pietro Franzina Article 61 Legalisation and other similar formalities 456 Comment by Csongor István Nagy Article 62 Relations with existing international conventions 458 Comment by Cristina M. Mariottini Article 63 Information made available to the public 468 Comment by Jacopo Re Article 64 Information on contact details and procedures 470 Comment by Jacopo Re Article 65 Establishment and subsequent amendment of the list containing the information referred to in Article 3(2) 474 Comment by Jacopo Re Article 66 Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3) and Articles 58, 59 and 60 477 Comment by Silvia Marino Article 67 Committee procedure 480 Comment by Silvia Marino Article 68 Review clause 481 Comment by Silvia Marino Article 69 Transitional provisions 483 Comment by Giacomo Biagioni Article 70 Entry into force 489 Comment by Giacomo Biagioni Annex 1 Preamble to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes 493 Preamble to Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships 508 Annex 2 Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships 524 Annex 3 Commission Implementing Regulation (EU) 2018/1935 of 7 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes [2018] OJ L314 529 Annex 4 Commission Implementing Regulation (EU) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships [2018] OJ L320 531 Annex 5 Information provided by the Member States in accordance with Article 64 of the Property Regimes Regulations 533 Index 535

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Book SynopsisThis comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the Regulation that governs this increasingly significant area of family law. Written by a team of renowned experts on private international law in relation to family matters, chapters contextualize and examine the provisions of the Regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives. Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject. Contributors include: A. Boiché, L. Carpaneto, C. Chalas, S. Corneloup, S. Dominelli, P. Franzina, C. González Beilfuss, S.L. Gössl, P. Hammje, B. Heiderhoff, F. Jault-Seseke, N. Joubert, T. Kruger, C. Rupp, J. VerhellenTrade Review'This book makes a significant contribution to the literature on an important, complex and sensitive topic. It is comprehensive, meticulous and well written. It explains how the Rome III Regulation will, or should, operate in practice but, most importantly, it thoughtfully addresses the many questions that the Regulation leaves unanswered.' --Symeon Symeonides, Willamette University, US'As about 13% of divorces in Europe have links with more than one country, the Rome III Regulation covers a significant need in EU law. However, lawyers and judges, particularly, must still spend their time solving problems such as how to avoid forum shopping, and clarifying the relationship with other instruments on related matters such as maintenance obligations. This Commentary, coordinated by Sabine Corneloup with the participation of outstanding specialists, provides an essential tool to help in this difficult task.' --Alegría Borrás, University of Barcelona, SpainTable of ContentsContents: Introduction 1 Sabine Corneloup CHAPTER I: SCOPE, RELATION WITH REGULATION (EC) No 2201/2003, DEFINITIONS AND UNIVERSAL APPLICATION Article 1 Scope 23 Susanne Lilian Gössl and Jinske Verhellen Article 2 Relation with Regulation (EC) No 2201/2003 37 Sabine Corneloup Article 3 Definitions 42 Petra Hammje Article 4 Universal application 60 Fabienne Jault-Seseke CHAPTER II: UNIFORM RULES ON THE LAW APPLICABLE TO DIVORCE AND LEGAL SEPARATION Article 5 Choice of applicable law by the parties 65 Cristina González Beilfuss Article 6 Consent and material validity 79 Natalie Joubert Article 7 Formal validity 87 Alexandre Boiché Article 8 Applicable law in the absence of a choice by the parties 92 Pietro Franzina Article 9 Conversion of legal separation into divorce 113 Laura Carpaneto Article 10 Application of the law of the forum 125 Bettina Heiderhoff Article 11 Exclusion of renvoi 139 Stefano Dominelli Article 12 Public policy 150 Bettina Heiderhoff Article 13 Differences in national law 163 Christelle Chalas Article 14 States with two or more legal systems – territorial conflicts of laws 177 Caroline Sophie Rupp Article 15 States with two or more legal systems – inter-personal conflicts of laws 191 Caroline Sophie Rupp Article 16 Non-application of this Regulation to internal conflicts of laws 200 Caroline Sophie Rupp CHAPTER III: OTHER PROVISIONS Article 17 Information to be provided by participating Member States 206 Alexandre Boiché Article 18 Transitional provisions 210 Cristina González Beilfuss Article 19 Relationship with existing international conventions 214 Thalia Kruger Article 20 Review clause 223 Sabine Corneloup CHAPTER IV: FINAL PROVISIONS Article 21 Entry into force and date of application 225 Sabine Corneloup Index 227

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