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Premarital, post-nuptial and other forms of marriage contract

  • Laws should specify that in systems under which contractual agreements in relation to the distribution of marital property are allowed, women are not left with less protection than they would have under the standard or default marriage provisions, owing to grave inequality in bargaining power.
  • Laws that provide for the possibility of making private contractual arrangements with respect to the distribution of marital and other property following the dissolution of marriage should include measures to guarantee non-discrimination, respect public order, and prevent abuse of unequal bargaining power and protect each spouse from abuse of power in making such contracts. These protective measures may include requiring that such agreements be written or subject to some other formal requirements and providing for retroactive invalidation or for financial or other remedies if the contract is found to be abusive. CEDAW, Gen. Rec. No. 29.

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