‘Supporting Premarital Agreements’

Elizabeth R Carter, Rethinking Premarital Agreements: A Collaborative Approach, 46 New Mexico Law Review 354 (2016). Premarital agreements (also known as ‘antenuptial agreements’ and ‘prenuptial agreements’) are agreements entered by spouses-to-be just before marriage. Typically, such agreements involve waivers or modifications of the parties’ legal rights at divorce or at the death of one of the spouses. Premarital agreements do not have a good reputation among academics; such agreements are generally considered exploitative and criticized for frequently leaving ex-spouses impoverished (practitioners, especially those for whom preparing such agreements is part of their practice, may have different views). Contrarian views in this area – as in all areas – are a welcome catalyst for new analysis, and perhaps new prescriptions. So Elizabeth Carter’s ‘rethinking’ of premarital agreements – both how they should be valued and what procedures should surround them – is most welcome … (more)

[Brian Bix, JOTWELL, 13 December]

Leave a Reply