Weg Met Huwelijk en Echtscheiding (Away with Marriage and Divorce)
University of Leuven, Faculty of Law, Department of Private Law; Harvard Law School; University of Leuven, Faculty of Psychology; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; University of Brussels (VUB/ULB) ; Greenille (Attorneys, Notaries and Tax Advisors; Brussels, Antwerp, Amsterdam, Rotterdam)
March 5, 2004
TPR (Tijdschrift voor Privaatrecht) pp. 969-982, 2004
In this article I argue for an imperative system of in principle equal participation in marital and relational (labor) gains for all congugal (i.e. durable intimate) relationships, marriage or not, irrespective of prenups or other contracts of separating assets.
Away with marriage relates to the fact that the legislature should leave marriage up to the religious or cultural spheres and limit legislation and regulation to fair and equitable rules on property and finance between partners who are in a durable intimate relationship.
Away with divorce refers to the fact that divorce often is made difficult by procedures of sorts but the consequences and financial results of divorce are often left open to the spouses' discretion, with harsh and unfair contracts of separation of assets disadvantaging the weak parties. Once an imperative system installs property and financial equity among partners that are breaking up, we can and should make divorce more easy. It takes two to tango, also to stay in the dance.
One should be allowed to freely leave the dance, but one should not be allowed to leave the dance without taking up the responsibility for the years of living together. Hence the imperative participation in gains resulting from labor of labor substitute income, built up during the relationship.
Note: Downloadable document is in Dutch.
Number of Pages in PDF File: 8
Keywords: Marriage, Divorce, Marital Property Law, Unmarried relationship
JEL Classification: K11, K12Accepted Paper Series
Date posted: October 9, 2011
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo4 in 0.453 seconds