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31	"These kind of flesh-flies shall not suck up or devour their husbands' estates:" married women's separate property rights in England, 1630-1835 Mercier, Courtenay 18 June 2018 (has links) During the long eighteenth century, married women in England were subject to the rules of coverture, which denied them a legal identity independent of their husbands and severely curtailed their acquisition, possession and disposition of property. There is a consensus among historians that married women circumvented the restrictions of coverture both in their daily lives and by use of the legal mechanism of the separate estate. This study reviews contemporary legal and social attitudes towards women’s property rights in marriage to examine the extent to which married women had economic agency under coverture. Through a review of reported cases, treatises on the law of property, and a contemporary fictional representation of pin-money, I assess the foundations justifying the law of coverture, and the challenges presented to coverture by the separate estate. I argue that there is a distinction between the theory and practice of the separate estate; the separate estate must be understood as a type of property set aside for a special purpose rather than a type of property separated from a husband’s control. More precisely, the existence of the separate estate generally, and pin-money in particular, did little to advance married women’s economic agency. / Graduate legal history women's history marriage matrimonial law coverture social history feme covert courts of equity gender property law marital property property rights pin money separate estate economic agency long eighteenth century
32	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, Gillian Claire 11 1900 (has links) Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa
33	The need for a flexible and discretionary system of marital property distribution in the South African law of divorce Lowndes, Gillian Claire 11 1900 (has links) Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M. Matrimonial property regime Marriage in community of property Marriage out of community of property Accrual system Antenuptial contract Family contract Dissolution of marriage Spousal equality Substantive equality Formal equality Differentiation Discrimination Gender-stereotypical expectations Public-private dichotomy Pension interest Pension sharing Clean-break principle Judicial discretion upon divorce Maintenance Forfeiture of assets Equitable distribution Law commission Financial need Prenuptial agreement Qualifying nuptial agreement 346.1664068 Marital property -- South Africa Alimony -- South Africa Divorce settlements -- South Africa Judicial discretion -- South Africa
34	Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana Quansah, E. K. 06 1900 (has links) The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute about matrimonial property in marriages out of community, the courts have no discretion to readjust the rights of the parties. This situation adversely affect nonworking wives who spent most of their time looking after their husbands and children without being able to acquire capital assets. Recognition is not given to such domestic contribution to the welfare of the family. It was also found that the exercise of the marital power by husbands of marriages in community of property deprives wives of those marriages the right to administer the joint estate. The patriarchal nature of customary law, which governs the majority of disputes about matrimonial property, discriminates against women. Consequently, the following, inter alia, are suggested as reform measures. (a) The courts should be g1ven a wide discretionary power, circumscribed by statutory guidelines, to reallocate matrimonial property on divorce irrespective of the matrimonial property regime that governs the marriage. TI1e underlying principle should be equality of sharing but this may be departed from where the circumstances of the particular case warrant it (b) A spouse's domestic contribution towards the welfare of the family should be recognised. (c) The marital power of husbands should be abolished. (d) The provisions of the Matrimonial Causes Act should be made applicable to customary marriages. / Private Law / LL.D. Matrimonial property Husband and Wife Divorce Division of assets Customary-law principles Common-law principles Statutory provisions Judicial discretion Law reform 346.16606883 Divorce settlements -- Botswana Marriage settlements -- Botswana Judicial discretion -- Botswana Customary law -- Botswana Law reform -- Botswana
35	The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88 Welsh, Shirley Anne Vera 11 1900 (has links) Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M. Financial consequences of divorce Judicial discretion Spousal maintainance Contractual freedom Feminisation of porperty Substantive equality Gender discrimination New property 346.166068 Alimony -- South Africa Divorce settlements -- South Africa Marriage settlements -- South Africa Women -- Legal status
36	Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana Quansah, E. K. 06 1900 (has links) The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute about matrimonial property in marriages out of community, the courts have no discretion to readjust the rights of the parties. This situation adversely affect nonworking wives who spent most of their time looking after their husbands and children without being able to acquire capital assets. Recognition is not given to such domestic contribution to the welfare of the family. It was also found that the exercise of the marital power by husbands of marriages in community of property deprives wives of those marriages the right to administer the joint estate. The patriarchal nature of customary law, which governs the majority of disputes about matrimonial property, discriminates against women. Consequently, the following, inter alia, are suggested as reform measures. (a) The courts should be g1ven a wide discretionary power, circumscribed by statutory guidelines, to reallocate matrimonial property on divorce irrespective of the matrimonial property regime that governs the marriage. TI1e underlying principle should be equality of sharing but this may be departed from where the circumstances of the particular case warrant it (b) A spouse's domestic contribution towards the welfare of the family should be recognised. (c) The marital power of husbands should be abolished. (d) The provisions of the Matrimonial Causes Act should be made applicable to customary marriages. / Private Law / LL.D. Matrimonial property Husband and Wife Divorce Division of assets Customary-law principles Common-law principles Statutory provisions Judicial discretion Law reform 346.16606883 Divorce settlements -- Botswana Marriage settlements -- Botswana Judicial discretion -- Botswana Customary law -- Botswana Law reform -- Botswana
37	The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88 Welsh, Shirley Anne Vera 11 1900 (has links) Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M. Financial consequences of divorce Judicial discretion Spousal maintainance Contractual freedom Feminisation of porperty Substantive equality Gender discrimination New property 346.166068 Alimony -- South Africa Divorce settlements -- South Africa Marriage settlements -- South Africa Women -- Legal status

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