Lovers' Contracts in the Courts: Forsaking the Minimum Decencies

Abstract

People in intimate relationships—spouses or lovers, prospective spouses or lovers –- make all kinds of promises to each other. This article focuses on those promises that deal with the financial details of the couples’ break-up, whether by death of one of them or “divorce.” The courts’ treatment of these promises in leaves serious injustice and makes the author wonder about the wisdom of enforcing any of them. She does not throw up her hands completely but rather criticizes current law and suggests changes to achieve more just results.

Keywords: Premarital Contracts, Postmarital Contracts, Cohabitation Contracts, Fairness