This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.
Jeffrey G. Sherman, Prenuptial Agreements: A New Reason to Revive an Old Rule, 53 Clev. St. L. Rev. 359 (2005-2006)