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Enforcement of Premarital Contracts during Marriage
Faith H. Spencer
eBook Edition: 1989

Premarital agreements, though generally enforceable once a marriage is dissolved, are not enforced while the marriage is still intact.' The legal ordering of marriage is typically seen as a beginning or an end: The state involves itself only at initiation or divorce. The refusal to adjudicate differences between husbands and wives during marriage has been referred to as an "axiom" of family law. This broad assertion that the state will not become involved while a marriage is intact conceals a number of assumptions about the structure of marriage and the methods of dispute resolution within marriage. To say that the state is not "involved" is inaccurate; more precisely, the state chooses to involve itself only in certain ways. (From Author)

eBook Contents

Introduction - Marriage as Contract - Current Use and Enforcement of Premarital Contracts - The Benefits of Enforcing Premarital Contracts - Enforcement of Premarital Agreements During marriage - Conclusion

eBook License: Copyright from The University of Chicago Legal Forum

Free PDF eBook – 1,7 Mb – 29 Pages
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