About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 Yale J.L. & Feminism 229 (1994)
Premarital Agreements and Gender Justice

handle is hein.journals/yjfem6 and id is 235 raw text is: Premarital Agreements and Gender Justicet Gail Frommer Brodtt I. INTRODUCTION II. THE PURPOSE AND EFFECT OF MOST PREMARITAL AGREEMENTS IS TO PROTECT THE WEALTH AND EARNINGS OF AN ECONOMICALLY SUPERIOR SPOUSE FROM BEING SHARED WITH AN ECONOMICALLY INFERIOR SPOUSE III. PREMARITAL AGREEMENTS UNDERMINE THE PRECARIOUS SOCIOECONOMIC STATUS OF WOMEN AND SHARPEN GENDER INEQUALITY IN THE DISTRIBUTION OF WEALTH IV. THE RECENT TREND OF THE LAW CONCERNING PREMARITAL AGREEMENTS IS TO PROMOTE THEIR ENFORCEMENT, TO THE DETRIMENT OF WOMEN A. Introduction B. A summary of the current law relating to premarital agreements in states that have not enacted the Uniform Premarital Agreement Act C. The early common law relating to premarital agreements developed principles with the potential for protecting women from unfair agreements D. In the 1970s, courts began to question whether the law should protect women from unfair premarital agreements E. Lawmakers are abandoning the principles that protect women from oppressive premarital agreements based on their mistaken belief that women have achieved equality F. The Uniform Premarital Agreement Act goes further than Simeone v. Simeone toward making premarital agreements readily enforceable G. The meaning of equality and the discriminatory effect of premarital agreements t This title is drawn from DEBORAH L. RHODE, JUSTICE AND GENDER (1989) and Jana B. Singer, Divorce Reform and Gender Justice, 67 N.C. L. REV. 1103 (1989). t Professor of Law, Whittier Law School. I thank Whittier Law School Professors Judith F. Daar, Thomas A. Diamond and Deborah L. Forman, and my husband, Jonathan A. Brod, Esq., for their comments on drafts of this Article. I also thank Daniel J. Jaffe, Esq., Bruce A. Clemens, Esq., and Kappy K. Bristol, Esq. for their insightful descriptions of premarital contracting; and Dr. Herbert T. Spiro for his observations regarding financial theory. I am grateful to Whittier Law School student Natalie Barbanell for her excellent research assistance. Copyright © 1994 by the Yale Journal of Law and Feminism

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most