The Law and Economics of Marriage Contracts

Ian Smith

doi:doi:10.1111/1467-6419.00193

The Law and Economics of Marriage Contracts

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Abstract

Growth in property ownership has raised the stakes in the distribution of financial assets on divorce. Given high risks of marital failure, this has stimulated the demand for private ordering through enforceable marriage contracts. This paper surveys the existing law and economics literature and legal practice to consider the state of knowledge on the economic theory, scope and limits of written nuptial agreements.

Original language	English
Pages (from-to)	201-226
Number of pages	25
Journal	Journal of Economic Surveys
Volume	17
Issue number	2
DOIs	https://doi.org/doi:10.1111/1467-6419.00193
Publication status	Published - Apr 2003

Keywords

marriage contracts
prenuptial agreements
marital property
BARGAINED HOUSEHOLD DECISIONS
INCOMPLETE CONTRACTS
DIVORCE SETTLEMENTS
MARITAL DISSOLUTION
LABOR
FAMILY
ENFORCEMENT
AGREEMENTS
PROPERTY
MARKET

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doi:10.1111/1467-6419.00193

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abstract = "Growth in property ownership has raised the stakes in the distribution of financial assets on divorce. Given high risks of marital failure, this has stimulated the demand for private ordering through enforceable marriage contracts. This paper surveys the existing law and economics literature and legal practice to consider the state of knowledge on the economic theory, scope and limits of written nuptial agreements.",

keywords = "marriage contracts, prenuptial agreements, marital property, BARGAINED HOUSEHOLD DECISIONS, INCOMPLETE CONTRACTS, DIVORCE SETTLEMENTS, MARITAL DISSOLUTION, LABOR, FAMILY, ENFORCEMENT, AGREEMENTS, PROPERTY, MARKET",

author = "Ian Smith",

year = "2003",

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KW - prenuptial agreements

KW - marital property

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KW - DIVORCE SETTLEMENTS

KW - MARITAL DISSOLUTION

KW - LABOR

KW - FAMILY

KW - ENFORCEMENT

KW - AGREEMENTS

KW - PROPERTY

KW - MARKET

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The Law and Economics of Marriage Contracts

Abstract

Keywords

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