B. The marriage In itself because the an effective Well worth Protecting
While you are very first managed unfavorably by process of law, brand new tide started initially to transform into Fl Best Legal proceeding Posner v. Posner for the 1970. Today, “[t]the guy modern-day view is the fact premarital plans one accept concerns out of property and assistance liberties on divorce case bring and you may helps matrimony as an alternative than prompt breakup.” The scene out of prenuptial arrangements as being concordant which have social policy and you may private interests keeps even triggered brand new enactment of your own Uniform Premarital Arrangement Work in order “to provide a feeling of count on in the enforceability of the plans which might be attained of the people” typing an effective ily laws scholar Linda Ravdin therefore deftly place it:
Prenuptial agreements is actually agreements inserted by the people when you look at the anticipation off relationships
Since couples shouldn’t have to wed, and may even favor to not take action in the event the marrying places all the property and you may income-earning potential at stake, process of law and you will legislatures has actually approved you to definitely enabling such as for instance persons to go into towards the a great contractual plan you to decrease their experience of spousal claims, and predetermines its rights and you may debt after the fresh marriage, prompts parties, especially those who had been partnered before, for taking a chance into love. (more…)
