Document Type

Article

Abstract

The law has long recognized the contractual nature of marriage, and the trend in recent decades towards respecting autonomy has led to much greater freedom for couples to modify the terms of their marriage. This article explores how states can provide couples choices of which terms to include in their marriage contract. The potential benefits include premarital information disclosure, increased individual autonomy, and the ability to achieve policy goals that might otherwise conflict with constitutional jurisprudence.

Date of Authorship for this Version

April 2007