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The Law and Economics of Marriage Contracts

25 Pages Posted: 30 Jun 2003  

Ian Smith

University of St. Andrews - School of Management

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.

Suggested Citation

Smith, Ian, The Law and Economics of Marriage Contracts. Journal of Economic Surveys, Vol. 17, pp. 201-226, April 2003. Available at SSRN: https://ssrn.com/abstract=416650

Ian Smith (Contact Author)

University of St. Andrews - School of Management ( email )

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