Sharon Thompson, ‘Feminist Relational Contract Theory: A New Model for Family Property Agreements’

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.

Thompson, Sharon, Feminist Relational Contract Theory: A New Model for Family Property Agreements (December 2018). Journal of Law and Society, volume 45, issue 4, pp 617-645, 2018.

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