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Prenups

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  • Peter T. Leeson
  • Joshua Pierson

Abstract

Before the mid-1980s, prenuptial agreements had tenuous legal standing in US state courts, which often refused to enforce them. In 1983 the National Conference of Commissioners on Uniform State Laws promulgated legislation called the Uniform Premarital Agreement Act (UPAA) that was designed to strengthen these agreements' legal enforcement. Since then, 26 states and the District of Columbia have adopted the UPAA, rendering prenuptial contracts reliably enforceable in their courts. This paper uses data on UPAA adoption to investigate the effect that making prenuptial contracts legally enforceable has had on divorce rates. We find that rendering prenuptial agreements legally enforceable reduced divorce rates in America. We also present the first data on persons who use prenuptial agreements and the substance of those agreements in the United States.

Suggested Citation

  • Peter T. Leeson & Joshua Pierson, 2016. "Prenups," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 367-400.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/686096
    DOI: 10.1086/686096
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    References listed on IDEAS

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    1. Leeson, Peter T. & Boettke, Peter J. & Lemke, Jayme S., 2014. "Wife Sales," Review of Behavioral Economics, now publishers, vol. 1(4), pages 349-379, December.
    2. Lee Jin Young & Solon Gary, 2011. "The Fragility of Estimated Effects of Unilateral Divorce Laws on Divorce Rates," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 11(1), pages 1-11, August.
    3. Rainer, Helmut, 2007. "Should we write prenuptial contracts?," European Economic Review, Elsevier, vol. 51(2), pages 337-363, February.
    4. Peters, H Elizabeth, 1986. "Marriage and Divorce: Informational Constraints and Private Contracting," American Economic Review, American Economic Association, vol. 76(3), pages 437-454, June.
    5. Andrew Francis-Tan & Hugo M. Mialon, 2015. "“A Diamond Is Forever” And Other Fairy Tales: The Relationship Between Wedding Expenses And Marriage Duration," Economic Inquiry, Western Economic Association International, vol. 53(4), pages 1919-1930, October.
    6. Becker, Gary S & Landes, Elisabeth M & Michael, Robert T, 1977. "An Economic Analysis of Marital Instability," Journal of Political Economy, University of Chicago Press, vol. 85(6), pages 1141-1187, December.
    7. Yehoshua Liebermann, 1983. "The Economics of Kethubah Valuation," History of Political Economy, Duke University Press, vol. 15(4), pages 519-528, Winter.
    8. Attila Ambrus & Erica Field & Maximo Torero, 2010. "Muslim Family Law, Prenuptial Agreements, and the Emergence of Dowry in Bangladesh," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 125(3), pages 1349-1397.
    9. Ellman, Ira Mark & Lohr, Sharon L., 1998. "Dissolving the relationship between divorce laws and divorce rates," International Review of Law and Economics, Elsevier, vol. 18(3), pages 341-359, September.
    10. Allen, Douglas W., 1990. "An inquiry into the state's role in marriage," Journal of Economic Behavior & Organization, Elsevier, vol. 13(2), pages 171-191, March.
    11. Gray, Jeffrey S, 1998. "Divorce-Law Changes, Household Bargaining, and Married Women's Labor Supply," American Economic Review, American Economic Association, vol. 88(3), pages 628-642, June.
    12. Ian Smith, 1997. "Explaining the Growth of Divorce in Great Britain," Scottish Journal of Political Economy, Scottish Economic Society, vol. 44(5), pages 519-543, November.
    13. James McCarthy, 1978. "A comparison of the probability of the dissolution of first and second marriages," Demography, Springer;Population Association of America (PAA), vol. 15(3), pages 345-359, August.
    14. Binner, Jane M & Dnes, Antony W, 2001. "Marriage, Divorce, and Legal Change: New Evidence from England and Wales," Economic Inquiry, Western Economic Association International, vol. 39(2), pages 298-306, April.
    15. Stéphane Mechoulan, 2006. "Divorce Laws and the Structure of the American Family," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 143-174, January.
    16. repec:bla:scotjp:v:44:y:1997:i:5:p:519-44 is not listed on IDEAS
    17. Leora Friedberg, 1998. "Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data," NBER Working Papers 6398, National Bureau of Economic Research, Inc.
    18. Niko Matouschek & Imran Rasul, 2008. "The Economics of the Marriage Contract: Theories and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 51(1), pages 59-110, February.
    19. Hamilton, Gillian, 1999. "Property Rights and Transaction Costs in Marriage: Evidence from Prenuptial Contracts," The Journal of Economic History, Cambridge University Press, vol. 59(1), pages 68-103, March.
    20. Justin Wolfers, 2006. "Did Unilateral Divorce Laws Raise Divorce Rates? A Reconciliation and New Results," American Economic Review, American Economic Association, vol. 96(5), pages 1802-1820, December.
    21. Clarisse Coelho & Nuno Garoupa, 2006. "Do Divorce Law Reforms Matter for Divorce Rates? Evidence from Portugal," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(3), pages 525-542, November.
    22. Habibi, Nader, 1997. "An Economic Analysis of the Prenuptial Agreement (Mahrieh) in Contemporary Iran," Economic Development and Cultural Change, University of Chicago Press, vol. 45(2), pages 281-293, January.
    23. Jonathan Gruber, 2004. "Is Making Divorce Easier Bad for Children? The Long-Run Implications of Unilateral Divorce," Journal of Labor Economics, University of Chicago Press, vol. 22(4), pages 799-834, October.
    24. Peter T. Leeson & Joshua Pierson, 2017. "Economic origins of the no-fault divorce revolution," European Journal of Law and Economics, Springer, vol. 43(3), pages 419-439, June.
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    Cited by:

    1. Frémeaux, Nicolas & Leturcq, Marion, 2018. "Prenuptial agreements and matrimonial property regimes in France, 1855–2010," Explorations in Economic History, Elsevier, vol. 68(C), pages 132-142.

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