The Law and Economics of Marriage Contracts

Ian Smith

Journal of Economic Surveys, 2003, vol. 17, issue 2, 201-226

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.

Date: 2003
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