Journal Article

PRENUPTIAL AGREEMENTS IN THE UNITED STATES: A NEED FOR CLOSER CONTROL?

HEDIEH NASHERI

in International Journal of Law, Policy and the Family

Volume 12, issue 3, pages 307-322
Published in print December 1998 | ISSN: 1360-9939
Published online December 1998 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/12.3.307
PRENUPTIAL AGREEMENTS IN THE UNITED STATES: A NEED FOR CLOSER CONTROL?

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This article attempts to define a clearer picture of the way the US legal system treats the institution of marriage and divorce. Part 2 of the article discusses the legal history of marriage in the United States. The institution of marriage, as described in Maynard, will be contrasted with marital relationships of today in which couples contract freely with insufficient legislative guidance or regulation. Part 3 examines present state laws regarding what contract provisions may be negotiated between the parties to a prenuptial agreement. In part 4, the inadequate state legislation that governs premarital contracts is analysed. Finally, part 5 provides normative reasons against treating marriage as a contract.

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Subjects: Family Law ; Marriage and the Family

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