MedicaidS Role For Children With Special Health Care Needs

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The Vulnerabilities of Port Systems to Disruption

Secure Freight Initiative of SFI is a program created by the Department of Homeland Security of the United States. SFI has a goal to guarantee the security of freights under the Container Security Initiative and the security of the shippers. SFI is upheld with the assistance of innovation utilizing radiation for the investigation of holders in the ports (Secure Freight Initiative, 2015).Advertising We will compose a custom exposition test on The Vulnerabilities of Port Systems to Disruption explicitly for you for just $16.05 $11/page Learn More This sort of review is seen to be progressively productive because of its non-meddlesome character. The capacity of Secure Freight Initiative is to ensure that the shipments originating from abroad are protected. As such, the principle goal of SFI is chance avoidance. At present, the program is at the test stage. It is utilized in such outside ports as Port Qasim in Pakistan, Southampton in the United Kingdom, and Puerto Cortes in Honduras (Se cure Freight Initiative, 2015). Before long, ports in Korea, Singapore and Oman are wanting to turn into a piece of the program. There are a few expected vulnerabilities to disturbance under SFI: Slowed down examination because of the new framework and innovation that is new to the clients and is probably going to have various glitches during the primary long stretches of utilization. The nonappearance of a fixed convention illustrating clear directions with regards to the ports’ activities in different circumstances, steady difference in conventions, and the need to hang tight for the reaction from the United States. The expected abatement in the notoriety of the ports that are utilizing the new innovation as its breakdowns and postponements may make the ports ugly for the customers so they would create various courses maintaining a strategic distance from these ports. C-TPAT or Customs-Trade Partnership Against Terrorism serves to ensure that worldwide exchanges for the dan gers introduced by the fear mongering and give security to the United States and the nations around (C-TPAT: Customs-Trade Partnership Against Terrorism, n. d.). One of the difficulties C-TPAT faces is the arrangement of security and shielding exchanging tasks without hindering the monetary connections between the nations. Not at all like SFI concentrating just on the oceanic load transportation, C-TPAT covers the agents of all transportation modes cruising between the USA and its neighbors, for example, Canada and Mexico (C-TPAT: Customs-Trade Partnership Against Terrorism, n. d.). Since the time the association initially started to work in 2001, various substances have joined. Today, the organization is going past the outskirts of the USA and the encompassing nations transforming into a worldwide activity. The participators of C-TPAT are obliged to ensure their gracefully chain. As far as the port security, C-TPAT faces such difficulties as the designation of room for the filterin g hardware, the upkeep of the gear in ports that are arranged in the third world states (it is essential to remember that a considerable lot of the world’s nations have outrageous climate conditions), subsidizing and financing of the undertaking as far as the acquisition of the gear, extra staffing, and coaching.Advertising Looking for exposition on country security? How about we check whether we can support you! Get your first paper with 15% OFF Learn More also, C-TPAT needs to manage the security worries as the payload examining activities expect working with significant information that requires proper insurance. Truth be told, even the methodology of entering C-TPAT by various members depends on the assortment of security information about the traders’ and carriers’ foundations. The entirety of the difficulties referenced above log jam the exchanging tasks and make the potential members hesitant about joining C-TPAT. Therefore, to keep away from the disturba nce of the exchanging activities, the organization is to build up a lot of clear strategies and rules with respect to the regions speaking to difficulties. Reference List C-TPAT: Customs-Trade Partnership Against Terrorism. (n. d.). Recovered from https://www.cbp.gov/fringe security/ports-passage/load security/ctpat Secure Freight Initiative. (2015). Recovered from https://www.dhs.gov/secure-cargo activity This article on The Vulnerabilities of Port Systems to Disruption was composed and put together by client ShaneYamada-Jones to help you with your own examinations. You are allowed to utilize it for exploration and reference purposes so as to compose your own paper; in any case, you should refer to it appropriately. You can give your paper here.

Deviant Behavior in the Light of Conflict Theory Free Essays

Struggle hypothesis depends on the possibility that the primary driver of wrongdoing and abnormality are the financial and social contrasts among individuals from a general public, provoking the less wealthy to carry on, if not to ransack those who are well off. As indicated by this hypothesis, criminal law and the whole criminal equity framework will in general be ideal toward the affluent and the amazing elites, while the administrative approaches are planned for controlling just the penniless and poor citizenry. In addition, the hypothesis expect that the whole criminal equity structure is planned for convincing all citizenry to acknowledge the guidelines of good conduct and ethical quality that are made by the rich and the incredible. We will compose a custom paper test on Degenerate Behavior in the Light of Conflict Theory or on the other hand any comparable subject just for you Request Now There is an attention on partition between the wealthy and the poor, in order to shield the wealthy from physical assaults by those who lack wealth, and furthermore to shield them from being looted. All the while, be that as it may, the privileges of poor people and penniless individuals could be disregarded. The white collar class, then again, appreciates the lawful privileges of the elites by agreeing with them. These individuals accept that they may have the option to ascend in rank by support up the norm (â€Å"Conflict,† 2005). The shortsighted clash hypothesis has been clarified further along these lines: †¦[S]treet violations, even minor fiscal ones are routinely rebuffed harshly, while enormous scope money related and business wrongdoings are dealt with considerably more indulgently. Burglary of a TV may get a more drawn out sentence than taking millions through illicit strategic policies. William Chambliss, in a great paper â€Å"The Saints and the Roughnecks,† looked at the results for two gatherings of pre-adult misbehavers. The initial, a lower class gathering of young men, was dogged by the neighborhood police and marked by educators as delinquents and future crooks, while the upper-white collar class young men were similarly degenerate, yet their activities were Deviant Behavior in the Light of Conflict Theory 2 discounted as energetic thoughtless activities and learning encounters (â€Å"Conflict†). Despite the fact that there is truth to the contention hypothesis, it is just incomplete. Of a sureness, there are endless individuals considered as a real part of the rich and the incredible who have occupied with freak practices. Also, they have not seen the law as remiss toward them. For instance, both of President George W. Bush’s little girls experience been in difficulty with the law (Montgomery, 2001). The little girl of the President’s sibling, Florida Governor Jeb Bush, has additionally been captured for freak conduct (â€Å"Jeb,† 2002). The contention hypothesis doesn't make a difference in their cases. Nor does it apply on account of Enron and Worldcom †rich organizations that ought to have been immaculate by the traditions that must be adhered to if the contention hypothesis were completely obvious. In spite of the fact that there might be cases where the contention hypothesis effectively clarifies freak conduct, clearly this hypothesis can't be applied to all spots on the planet consistently. There are numerous countries on the planet where debasement is the rule that everyone must follow, and injustice is the standard. In the creating areas of the world, specifically, those who lack wealth may loot the wealthy or essentially carry on the grounds that they are upset by the injustice that is allot to them. Notwithstanding, it isn't right to comprehend degenerate conduct just in the light of the contention hypothesis. In the event that we are to accept that it is strife hypothesis alone that clarifies freak conduct in individuals, we would not have instances of the Bush little girls and Enron to consider. There are numerous hypotheses to clarify degenerate conduct. The social transmission or the differential affiliations hypothesis, for instance, may contend with the contention hypothesis in clarifying aberrance. As indicated by the social transmission hypothesis, a wide range of practices, including freak conduct, are found out. Moreover, the youthful and in this manner progressively naive Deviant Behavior in the Light of Conflict Theory 3 students of aberrance may have grown cozy associations with their freak instructors. With expanding contacts with freak instructors, the youthful students of aberrance participate in progressively degenerate practices (â€Å"Sociological Theories†). The social transmission hypothesis doesn't preclude the likelihood that the offspring of the rich and the ground-breaking may take part in freak practices since they may have had degenerate educators. The contention hypothesis precludes this chance totally with its supposition that the cultural standards are built up by the rich and the ground-breaking, so thusly they can't in any way, shape or form conflict with their own guidelines. As clarified already, this supposition of the contention hypothesis isn't accurate, seeing that the rich and the ground-breaking are additionally known to conflict with the cultural standards, which they ought to have built up for themselves and without anyone else. The contention hypothesis is likewise false 100% in places where laws are made based on shamefulness and defilement. Indeed, even in such places, it is realized that there are consistently individuals that make a decent attempt and truly, regardless of the shamefulness that is managed out to them. To put it plainly, all individuals in ‘deviant’ spots may not take part in degenerate practices, regardless of whether the rich and the ground-breaking have ruined the legislature with pay-offs, and so forth. One more hypothesis that contentions with the contention hypothesis is the social control hypothesis that clarifies why individuals may not take part in degenerate practices. As per this hypothesis, people may follow the cultural standards in light of their interfacing social bonds (â€Å"Sociological Theories†). As such, they may decline to take part in freak practices for the accompanying reasons: (1) connection †a proportion of the connectedness between people; Deviant Behavior in the Light of Conflict Theory 4 (2) duty †a proportion of the stake an individual has in the network; (3) inclusion †a proportion of the time/vitality an individual is spending on exercises that are useful to the network; (4) conviction †a proportion of the person’s support for the ethics and convictions of the network (â€Å"Sociological Theories†). In the event that all poor and penniless people in an uncalled for society were to follow the cultural standards in view of their social contacts, the contention hypothesis would by and by be rendered pointless. It might be that some oppressed people with frail social bonds would take part in freak practices in a degenerate society. All things considered, nonetheless, the contention hypothesis would just apply to that little gathering of individuals. In reality, such a gathering might be existent. Hypothetically, notwithstanding, it is feasible for that bunch never to exist. In this manner, the contention hypothesis may really apply just in the instances of displeased, oppressed people who genuinely have faith in correcting the wrongs with wrongs. It would not have any significant bearing in a degenerate society where oppressed people might want to try sincerely and genuinely. Also, neither would it apply in social orders where the rich and the amazing are not excluded from the law. In this way, the contention hypothesis is an innocent hypothesis, which, as most speculations, doesn't clarify reality completely. References Struggle. (2005, Nov. 22). Florida State University. Recovered Sep. 20, 2007, from http://www.criminology.fsu.edu/crimtheory/conflict.htm. Jeb Bush’s Daughter Charged with Prescription Fraud. (2002, Jan. 29). CNN. Recovered Sep. 20, 2007, from http://archives.cnn.com/2002/US/01/29/jeb.bush.daughter.drugs/. Montgomery, A. (2001, Jun. 4). Jenna Bush may confront prison on alcohol charge. Chicago Sun-Times. Sociological Theories to Explain Deviance. Recovered Sep. 20, 2007, from http://www.valdosta.edu/~klowney/devtheories.htm. The most effective method to refer to Deviant Behavior in the Light of Conflict Theory, Papers

Consumer Brhavior

Culture is the fundamental qualities, discernments, needs, and practices, learned by a citizen from family and other Important Institutions. culture Is the most essential reason for an individual's needs and conduct. Human conduct is generally learned. Experiencing childhood in a general public, a kid learns essential qualities, recognitions, needs, and practices from the family and other significant foundations. A kid in the US typically learns or Is presented to the accompanying qualities: accomplishment and achievement, movement andInvolvement, effectiveness and essentially, progress, material solace, Individualism, opportunity, compassion, energy and wellness and wellbeing. Culture Is the arrangement of fundamental qualities, recognitions, needs and practices learned by a citizen from family and other Important foundations. A culture Is the complex of qualities, thoughts, mentalities, and other significant images made by individuals to shape human conduct and the antiques of that conduct as they are transmitted from one age to the next.Culture is the entirety of educated convictions, qualities, and customs that serve to coordinate he shopper conduct of individuals from a specific culture. It is the major determinant of an individual's needs and conduct. culture is an incredibly expansive and enveloping term which incorporates what we have realized, our history, values, ethics, customs, craftsmanship and propensities. Significance of the social examination Culture go about as an inspiration of purchaser conduct Culture is the most unavoidable outer power on a person's utilization conduct. Promoting official must consider the significance of social setting inside which shopper conduct takes place.Culture fluctuate from nation to nation and accordingly onsumption designs among individuals change. Disappointments to painstakingly consider social contrasts is regularly liable for fantastic showcasing disappointments. social impacts effectsly affect purchasing co nduct since they pervade our day by day lives. each gathering or society has a culture and social effects on purchasing conduct may change significantly from nation to nation. Inability to acclimate to these distinctions can bring about incapable promoting or humiliating mistakes.An comprehension of culture is imperative to you as a showcasing administrator since it generally gives endorsed explicit objective items to any summed up human need. How individuals work and play, what they eat, how they eat, how and what they purchase are completely influenced by the social conventions and socially created methods of conduct we can laentl Ty tnree perspectives 0T a glven culture . tnese are as Tollows: Culture is an example of Behavior Culture is found out Culture is transmitted starting with one age then onto the next. Attributes of culture The imperceptible hand of culture: Culture resembles the air we relax. t is evident to the point that we can't escape from it. The effect of culture is so regular and programmed that its impact on conduct is normally underestimated. Culture fulfills needs: Culture decides the methods for fulfilling the human needs. People have various sorts of requirements. How these necessities will be fulfilled is being dictated by the way of life. Culture is found out: Culture is found out rather customized hereditarily. As an individual develops in a specific situation he finds out about various parts of culture through his connection with different individuals in the society.Culture is shared: Cultural qualities, convictions, standards are shared by most of the individuals from a given culture since they delight our requirements. Culture is dynamic: No culture is static. social swings happen. as the earth is changing, culture must be changed so as to endure. Segments of Culture Cognitive part Material segment Normative segment Cognitive Components: The fundamental segment of any culture is one identifying with individuals' information about the creation and presence of the universe. this perspectives depends on either individuals' perception or on certain verifiable proof that they have.Material Component: Another significant part of some random culture is the material element of the general public. t comprises of all the substantial things that people make, use and offer an incentive to the material segment differs from culture to culture as the intellectual segment. it depends on the mechanical express that the general public has accomplished and comprehended taking a gander at the curios of the general public. the curios incorporate kind of lodging where individuals live, furniture they use, and other material products they forces. Normatlve segment The other significant part of a culture is the standardizing component.The regularizing segment is made out of the qualities and standards of the general public which uides and directs conduct. It comprises of the qualities, convictions and rules by which a general publ ic coordinates individuals' connections. Standards are rules and rules presenting appropriate mentalities and practices for explicit circumstances. Social Symbolism: An image might be characterized as the sign or portrayal of something good or scholarly by the pictures or properties of common things. Clearly, it is significant for advertisers to know about the representative idea of their items and packaging.Different concentrates on culture recognized two kinds of images utilized by individuals in ommunicating among them. They are a) Referential images b) Expressive images Referential images are those that mean or demonstrate explicit articles. The word pen for instance implies thing which is utilized for composing reason. It is simple for advertisers to comprehend the importance of referential images and accordingly they don't confront a lot of issue with respect to the referential images. Expressive images: expressive images are those that may convey distinctive importance to ind ividuals of various cultures.The significance of the equivalent expressive image might be nterpreted contrastingly by individuals of various societies. Therefore their significance are not restricted. For instance; indicating thumb, may mean a thankfulness to an american, though, a similar image may convey a negative undertone to a bangladeshi. Advertisers must face a ton of issues concerning the expressive images. Cross-culture Cross social examination or research is a strategy applied for contrasting societies based on likenesses and contrasts just as considering various sections of an absolute culture.Cross social investigation is characterized as the efficient correlation of similitudes nd contrasts in the material and conduct parts of societies. Step by step instructions to adjust your promoting choices with different societies: To be effective in remote markets, an advertiser must adjust his showcasing choices with that of the new societies. Part of organizations committed err ors and acquired tremendous misfortune in abroad markets by following promoting systems effective in their own societies. To make fitting adjustments, number of inquiries must be posed by a worldwide advertiser to himself and answers must be sought.Is the geographic territory homogeneous as for the way of life? How does the social setting impact or decide item and administration needs? What requirements can this items fill In tnls culture Can enough of the gatherings requiring the item manage the cost of the item? What esteems or examples of qualities are applicable to the buy and utilization of this item? What is the dissemination, political and lawful structure concerning the item? In What ways would we be able to convey about this item? Looking for answers to the over not many inquiries may assist advertisers with thinking of adjusting their promoting approaches in an abroad societies .

Prenuptial Marital Agreements - Free Essay Example

This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be prepared after marriage or civil partnership. Lastly, we have the separation agreements and these are made after separation and in expectation of a forthcoming divorce or dissolution. This piece aims to review how the law has adopted changes over the time period. It will analyse the developments and any recommendations that can be pondered over will be discussed. Pre-nuptial agreements are legally binding in numerous countries including the United States of America and Australia. However, they are not automatically enforceable in courts in England and Wales. In a landmark ruling in the case of Radmacher v Granatino the Supreme Court said à ¢Ã¢â€š ¬Ã…“that courts should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumst ances prevailing it would not be fair to hold the parties to their agreementà ¢Ã¢â€š ¬Ã‚ .[1] The essay revolves around this case and leading scenarios. A couple may decide between themselves how to split their possessions on divorce. They will often seek legal advice and the awareness that courts will more or less make the same decision if the matter was to be presented in front of them. Their contract will be then approved by court. When this is not possible such as where dispute between parties arise, an application for ancillary relief will be decided by the court. Financial provision might be granted to either party to the marriage, subject to the facts of the individual case as every case has different circumstances. According to the section 25 of the Matrimonial Causes Act 1973, the court has very extensive discretion concerning the division of assets on divorce however the court must acknowledge all the related circumstances of the case, importance should be given to the welfare of a minor which is of any child of the family who has not reached the age of eighteen. The court must also deliberate whether it is likely to make a à ¢Ã¢â€š ¬Ã…“clean breakà ¢Ã¢â€š ¬Ã‚ .[2] Similarly in the case of a civil partnership, The Civil Partnership Act 2004 s.5 (5) sets out related requirements in relation to financial provision applications on dissolution of a civil partnership.[3] The essay will tend to look at the law before the impact of Radmacher v Granatino. The courts have believed what could be labelled as a paternal attitude to the granting of ancillary relief ondivorce. Inthe past case of Hyman v Hyman(1929) Lord Buckmaster said that à ¢Ã¢â€š ¬Ã…“The Wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to maintenance is something she cannot barter away.à ¢Ã¢â€š ¬Ã‚ [4] Courts have given a lot of importance to its jurisdiction. The impression that the court is the wise one is still mostly leading. Even in the Radmacher case it is specified that à ¢Ã¢â€š ¬Ã …“the parties cannot by agreement, oust the jurisdiction of the court.à ¢Ã¢â€š ¬Ã‚ [5] It was protected in statute first by the Maintenance Agreements act of 1952 and then combined by the Matrimonial Causes Act 1973 which assists the judge to consider the related circumstances of the case. However, there have been amendments to how the appropriate circumstances can be measured. In the case ofEdgar v Edgar[6]it was acknowledged thatseparation agreementswould generally be given weight. More recently it had been decided that post-nuptial agreements should also be given weight if they were fair and just. This idea was lately supported by the Privy Council inMacleod v Macleod. However, pre-nuptial agreements have been constantly viewed as outside these relevant issues. The requirements for dividing assets are located in second part of the Matrimonial Causes Act 1973. The court has a very extensive discretion as to what commands to make on an application for ancillary relief. Yet t here is a definite pressure between the strategy of hopeful settlement and the outdated view that the state has an important concern in safeguarding that any settlement is just and reasonable considering the welfares of both parties involved. The revolutionary case on division of marital assets on divorce is White v White in which the House of Lords gave a breakthrough conclusion and said that in great valued asset cases the law has been incorrectly interpreted by the Courts for the previous thirty years. Previously a wife was limited to seeking her fundamental needs such as a house or some maintenance costs labelling to be awarded according to reasonable requirements. Now the approach has taken a different road. There is no difference between the husband and wife and the idea of equality prevails between the breadwinners and the homemakers. Focusing on the statements of equality, The Courts must deliberate carefully over section 25 of the MCA 1973 feature and fairness must be the m ain objective of the Court. When reached on a conclusion, the result must be measured against the yardstick of equal division. Failure in these steps can violate the issue of fairness. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s quite clear that mainly these cases and scenarios are only from high net worth couples. However, the main priority is the care of a minor. The beginnings concerns the welfare of a minor child of the family as the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s first attention, secondly the need to accomplish a fair conclusion. This idea was also supported in Miller v Miller[7] and McFarlane v Macfarlane[8]. The idea of equal Davison of assets kept lingering for some time until Radmacher v Granatino. Prenuptial agreements got a real acknowledgment after this case. InCrossley v Crossley[9] Thorpe LJ stated that, à ¢Ã¢â€š ¬Ã…“based on the particular facts of that case, the pre-nuptial agreement was a factor of magnetic importanceà ¢Ã¢â€š ¬Ã‚ . Other factors that should be satisfied in this case were that weight should be given to a PMA only if there Full frank disclosure of all the assets between parties, the issue of Equality of bargaining power, Each party had independent legal advice regarding the terms and the Terms were fair. Just as each party has a responsibility to make full revelation of all material realities to the court hearing an ancillary relief application, each party has a duty to make full and frank revelation of all material facts to the other party throughout discussions which can result in a consent order. This was explained in the case of Livesey v Livesey[10]. Radmacher was the first time when this matter appeared before the Supreme Court. There is one thing quite important that if the facts of the case continue to be of vital importance to the decision of the court regarding pre-nuptial agreements then it seems practical that the facts of the Radmacher case must be obviously displayed in order to clarify the decision of the court. The ruling of thi s case has a great impact on the reform of law which will be discussed further. The importance of this can be sensed from the statement ofJane Keir, law firm Kingsley Napley LLP, said: Qualifying nuptial agreements should be enforceable whilst limiting a judges discretion over any change to the intended outcome. Never before has English law gone quite so far. We urge parliament not to miss this opportunity to allow couples greater certainty and pre-agreed financial control should their relationship disintegrate. The Labour Government printed a consultation paper in 1998 called Supporting families[11], which measured the useful steps which can be acquired to support families. The paper recognized that couples might be disheartened from making pre-nuptial agreements because there was no obligation for the courts to take any account of such agreements in determining how to divide property on divorce. One of the suggestions being deliberated at that period was to see that is it a goo d idea to make a written pre-nuptial agreement about the distribution of money and property legally binding. Previously, pre-nuptial contracts were unenforceable as being in contradiction of public policy as it was measured that they might weaken the organization of marriage and attempt to restraint the discretion of the courts to grant property on divorce. In F v F, Thorpe J set the very inadequate worth of pre-nuptial agreements: à ¢Ã¢â€š ¬Ã…“The rights and responsibilities of those whose financial affairs are regulated by statute cannot be much influenced by contractual terms which were devised for the control and limitation of standards that are intended to be of universal application throughout our societyà ¢Ã¢â€š ¬Ã‚ .[12] It can be seen that recently courts have been ready to assign weight to a pre-nuptial arrangement as one of the applicable conditions to be taken into consideration in working out their discretion under section 25 of the Matrimonial Causes Act 1973. In X v X the judge held that à ¢Ã¢â€š ¬Ã…“the fact that the parties have made their own agreement is a very important factor in considering what is the just and fair outcome. The amount of importance will vary from case to caseà ¢Ã¢â€š ¬Ã‚ . He continued: à ¢Ã¢â€š ¬Ã…“The court will not lightly permit parties who have made an agreement between themselves to depart from it. The court should be slow to invade the contractual territory, for as a matter of general policy what the parties have themselves agreed should, unless on the face of it or in fact contrary to public policy or subject to some vitiating feature be upheld by the courts.[13] In 2003, court supported a pre-nuptial agreement on the foundation that the wife knew that the pre-nuptial contract was correctly counselled as to its terms, and signed it freely without pressure. Hence, it was decided that the contract should be considered by the court as one of the situations of the case under section 25 of the Matrimonial Causes Act 1973 and that admission into the contract established behaviour which it would be unfair to disrespect.[14] However, not in all cases the prenuptial agreements have been successful in getting valued. In Z v Z Moor J said, à ¢Ã¢â€š ¬Ã…“This was undoubtedly a case for equal division of assets absent the French agreement. The issue was whether the marital contract took the case out of sharing. There was no dispute that the agreement was entered into freely and with full understanding of its implications. No formal advice was given by thetwo notary witnesses and there was no formal disclosure. This did not matter as we knew exactly what the agreement entailed and each party new the financial position of the otherà ¢Ã¢â€š ¬Ã‚ .[15] Later on in 2008, in MacLeod v MacLeod[16], the Privy Council deliberated whether a pre-nuptial agreement was binding. The Privy Council held that it was not up to them to mess with famous rule that pre-nuptial agreemen ts were conflicting to public policy and on these basis they are not binding in the promised sense, and said that the matter was more suitable to law-making body than judicial development but post-nuptial agreements which provided for a upcoming parting could be given weight by the courts. The law standing in this situation can be weighed according to different scales. The upside of not having a prenuptial agreement is the presence of flexibility. The courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction can be advantageous and the courts can use their power to maintain fairness and justice. However, this scenario can be the slope down for couples looking for clarity in law. Couples with high net worth canà ¢Ã¢â€š ¬Ã¢â€ž ¢t secure their belongings due to the ambiguity in law. Looking at this there is a clear pathway needed for safeguard of assets and property upon divorce. To resolve this issue the law commission have been in the race. The Law Commission began a plan in 2009 to observe the p osition and enforceability of marital property agreements. In January 2011 it opened a discussion, revising the present law of marital property agreements and discussing choices for improvement. The scheme was stretched in 2012 to cover two additional matters of financial provision rising on divorce or the dissolution of a civil partnership. It was decided with the Ministry of Justice that the possibility of the scheme should be extended to comprise an assessment of two features of financial provision on divorce and the dissolution of a civil partnership namely financial needs and non-matrimonial property. The aim of the scheme was to bring clarity to the existing law. On 11 January the Law Commission sprung a public talk on marital property agreements, due to the result of Radmacher v. Granatino. The Law Commission was looking for views on the attractiveness of possible choices for reforming the law of prenuptial, postnuptial and separation contracts made by couples before or thr oughout their marriage or civil partnership that are planned to oversee their financial provisions if the relationship finishes. Finally in 2014, the final law commission paper came out with detailed recommendations, proposals and strategies to reform the law regarding prenuptial agreements. The main reform proposals are listed below. First and foremost The Family Justice Council should clarify the law relating to à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚ . This would safeguard the law and make sure that it is applied reliably by the courts and strengthen judicial repetition. With the guidance people can acknowledge the position of law and their objectives without any legal help. Secondly, it should explore the likelihood of whether assistance to control of à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚  could be planned. And the most important one is to familiarise with the concept of à ¢Ã¢â€š ¬Ã…“qualifying nuptial agreementsà ¢Ã¢â€š ¬Ã‚ . These would be enforceable con tracts which would allow couples to make binding provisions for the financial forfeits of divorce or dissolution. However, to make a qualifying nuptial agreement, certain practical precautions would have to be met. The agreements would be enforceable as agreements but would apply only after both partners financial needs, and any financial duties towards children, have been satisfied. And they would be binding only if at the period of signing, both parties had revealed material statistics about their financial stateand both gotlegal advice. Looking at the present law, it is now possible for couples to make pre- and post-nuptial agreements. Legalising prenuptial agreements can bring positive a vibe to the legislature. One of the key benefits of a prenuptial agreement is that it can give certainty on what assets are taken into deliberation in a divorce. These agreements can act as a shield for people of high net worth especially in the case second or more marriages where there are children from the existing marriage. A properly conveyed agreement provides a better grade of certainty. It gives the couple a level of autonomy and freedom from judicial interference in what should happen to their assets ondivorce. As Resolution vice-chair Jo Edwards expresses her feelings, Guidance on needs should encourage consistency, dispel myths and manage expectations. This will help anyone going through separation, even if they dont have access to legal advice and support, or are trying to reach agreements on their own, during a very traumatic time. [17] In the case of a wealthy partner it can limit their obligation to the less wealthy spouse. A prenuptial agreement can also distinguish assets collected prior to marriage, gifts and legacy as separate to joint wealth. These agreements also highlight the importance of autonomy as they let people make their own choices. This idea was also supported by Professor Elizabeth Cooke the Law Commissioner for property, family and trust law, said: Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect. Qualifying nuptial agreements would give couples autonomy and control, and make thefinancialoutcome of separation more predictableà ¢Ã¢â€š ¬Ã‚ .[18] However, if we consider the preceding statement then it clashes with the main theme of the essay. As it is can be taken from the dissenting judgement of Lady Hale, which states that Pre-nuptial agreements deny the economically weaker spouse an entitlement of the rights they are supposed to get. She also emphasises on the issue of reform of the law. Deliberating upon the strengths and weaknesses can lead to an easy conclusion that introduction to such agreements can be beneficial for both judiciary and public. Keeping in front of us that legalising prenuptial agreements are the most appropriate thing to do, there is an alternative th at can be pondered upon. This the idea of no fault divorce. In this scenario the fault in relationships which leads to divorce is extinguished. However, if no-fault divorce cancels marriage after the occasion, prenuptial agreements can do can play a good role in undermining it earlier. The idea of marriage is that ità ¢Ã¢â€š ¬Ã¢â€ž ¢s destined to be a lifetime affair and the clue here is that à ¢Ã¢â€š ¬Ã‹Å"til death do us partà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the idea of prenuptial agreements is that they create provision for the thing finishing before it even gets started. People are setting their resources out of the reach of the spouse in advance. Having considered all possible scenarios here, it can evidently be concluded that legalising the aspect of prenuptial agreements can be a revolutionary change in the history of England. It can provide a clear template for couples to follow and binding rules and regulations can be provided when needed. If anyone wants to enter a contract of su ch sort, they will know that efficient legal advice is needed which can be helpful when there are guidelines set to be followed. This will allow the lawyers and academics to have a clear transcript to study and advice their clients. [1] Radmacher v Granatino [2010] UKSC 42; [2010] WLR (D) 260 [2] Matrimonial Causes Act 1925 section 25A [3] Civil Partnership Act 2004 schedule 5, part 5, para 23(2) [4] Hyman v Hyman [5] Radmacher v Granatino [6] Edger v Edger [7] Miller v Miller [8] Macfarlane v Mcfarlane [9] Crossley v Crossley 2007 [10] Livesey v Livesey [11] Supporting families 1998 [12] F v. F (Ancillary Relief: Substantial Assets) [1995] 2 F.L.R. 45 at 66 [13] X v X (FD) [2002] 1 FLR 508 at 537 (Munby J) [14] K v K (Ancillary relief: prenuptial agreement) [2003] 1 FLR 120 (Roger Hayward-Smith QC (sitting as a Deputy High Court Judge) [15] Z v Z [16] Macleod v Macleod [17] https://www.familylawweek.co.uk/site.aspx?i=ed127909 [18] https://www.familylawweek.co.uk/site.aspx?i=ed127909