Domestic Agreements

20 Pages Posted: 8 May 2007 Last revised: 29 Jul 2008

Brian Bix

University of Minnesota Law School

Abstract

The article (given as the 2007 Siben Lecture at Hofstra Law School) explores the courts' treatment of agreements in Family Law: generally supportive of separation agreements; open to premarital agreements, though with reluctance and suspicion; and hostile to co-parenting agreements by same-sex couples. In general, the doctrines show that the State is still protective of the prerogative of determining parental status. However, as the article explores, at least in the State's treatment of co-parenting agreements, nothing of great value is protected, and much of value is wasted, by not enforcing the contractual commitments.

Keywords: family law, same-sex marriage, co-parenting agreements, separation agreements, premarital agreements

Suggested Citation

Bix, Brian, Domestic Agreements. Hofstra Law Review, Vol. 35, pp. 1773-1771, 2007; Minnesota Legal Studies Research Paper No. 07-23. Available at SSRN: https://ssrn.com/abstract=984244

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)

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