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A New Form of Family Planning? The Enforceability of No-Child Provisions
Joline F. Sikaitis
eBook Edition: 2004

As the legal right to private ordering expands, the ability of couples to structure their private relationships presents issues yet to be resolved.

Prenuptial agreements containing no-child provisions test the limits of parties' ability to structure their relationships, and are becoming increasingly prevalent. Although many couples have entered into these agreements, the issue of enforceability has yet to be litigated.

Prenuptial agreements are contracts entered into by parties to a marriage prior to the marriage. Generally, prenuptial agreements provide for the alteration of legal rights to property upon either dissolution of the marriage or death. Prenuptial agreements have become more prevalent due to the ascendance of private ordering and higher rates of divorce and remarriage.(From Author)

eBook Contents

Introduction - Increasing Autonomy: A Balancing Of Rights - Marriage Is Not An Ordinary Contract - The Right To Bear Children As A Fundamental Right - Judicial Interpretation Of No-Child Provisions - Arguments For Enforcement Of The No-Child Provision - Public Interests In Procreation And Marriage: Factors against The Enforcement Of The No-Child Provision - No-Child Provisions Are Unenforceable – Conclusion

eBook License: Copyrighted from the Catholic University Law Review

Free PDF eBook – 2,2 Mb – 39 Pages
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