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by dragonwriter
3891 days ago
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> "Equitable division of marital assets and liabilities." > This doesn't require anything special. Right, and how to mechanically achieve this in multiparty relationships on dissolution is what I referred to as having a particularly good model in partnership law, because its done there a lot, and the wrinkles in how it works out have been pretty heavily hammered on over several centuries. The non-dissolution aspects of marital rights and privileges and how they would apply to multiparty relations (and whether existing explicit rules and legal presumptions built on the premise of a dyadic relationship work, or even make any sense, in multiparty relationships needs to be considered, area by area; for some aspects of this, again, partnership law probably has good models to follow as to how things might be generalized.) E.g., there's lots of things where spouses have either decisive rights or are necessarily included parties that must each consent, written based on the dyadic nature of existing marriage structure. Whether these generalize to every spouse having the same powers and requirements as a single spouse does now, or whether those powers require a majority of the members of the multiparty relationship, or some other rule in a multiparty case probably needs separate analysis for each of the areas. |
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