There is a tension in government policy regarding marriage agreements: between wanting to reinforce the family unit and wanting to protect individual interests and liberties. This is further complicated when agreements involve religious provisions. This Article looks at the way courts approach religious provisions in premarital, marital, and separation agreements, and discusses the need to balance societal interests and the interests of all parties while maintaining fairness and religious neutrality. As the number of religious provisions likely increases, the hope is to find a balance that can set minimal standards, provide exit opportunities, and minimize exploitation and oppression.
The full text of this Symposium is available to download as a PDF.