Domestic Agreements

 In Articles

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a cliché, in discussions of family law and agreements, to point to Sir Henry Maine’s famous quotation that society has moved “from Status to Contract.” I will not disappoint expectations here. The Maine quotation is usually offered ironically—and perhaps defiantly—in family law articles, as this is one area where status has stoutly, and largely successfully, resisted being overtaken by contract.

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