November 15, 2019 Feature

Marital Contracts with Religious Provisions

Ann Laquer Estin

Marriage is often described as a contract, yet the law has narrowly limited the opportunities for couples to bargain over their legal rights and obligations, especially with respect to divorce. The types of prenuptial agreements used today have been enforced in the United States only since the 1970s, when courts began to change the traditional rules in cases like Posner v. Posner, 233 So. 2d 381 (Fla. 1970), and legislatures began to write new statutes based on models like the Uniform Premarital Agreement Act (1983) (UPAA).

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