Feminist Relational Contract Theory: A New Model for Family Property Agreements

29 Pages Posted: 8 Nov 2018

See all articles by Sharon Thompson

Sharon Thompson

Cardiff University - School of Law and Politics

Date Written: December 2018

Abstract

In this article, a new model named Feminist Relational Contract Theory (FRCT) is explained, justified, and applied to the context of family property agreements and specifically nuptial agreements. Most nuptial agreements are created amidst a complex web of power relationships and the dynamic of these relationships often evolves over time. However, the courts in England and Wales have not yet found a way to recognize this without adopting a paternalistic approach. This article proposes an alternative that could, in practice, recognize issues of power between parties entering family property agreements, exploring a recent Australian case on nuptial agreements which adopts a more contextual understanding of contract law.

Suggested Citation

Thompson, Sharon, Feminist Relational Contract Theory: A New Model for Family Property Agreements (December 2018). Journal of Law and Society, Vol. 45, Issue 4, pp. 617-645, 2018, Available at SSRN: https://ssrn.com/abstract=3281172 or http://dx.doi.org/10.1111/jols.12132

Sharon Thompson (Contact Author)

Cardiff University - School of Law and Politics

Law Building, Museum Ave
Cardiff, CF10 3AX
United Kingdom

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