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International Journal of Law, Policy and the Family 1998 12(3):307-322; doi:10.1093/lawfam/12.3.307
© 1998 by Oxford University Press
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PRENUPTIAL AGREEMENTS IN THE UNITED STATES: A NEED FOR CLOSER CONTROL?

HEDIEH NASHERI *

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.

* Kent State University, Criminal Justice Studies, PO Box 5190, Kent, Ohio, 44242–0001 USA. The author would like to thank Timothy J. O'Hearn and Richard J. Rudolph for useful and constructive suggestions. Portions of the article were presented at the meeting of the USA Research Committee on the Sociology of Law, Antwerp, Belgium, July 1997.


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Home page
 Int J Law Policy FamilyHome page
J.-U. Franck
'So Hedge therefore, Who Join Forever': Understanding the Interrelation of No-fault Divorce and Premarital Contracts
Int J Law Policy Family, December 1, 2009; 23(3): 235 - 276.
[Abstract] [Full Text] [PDF]


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