Duke Journal of Gender Law & Policy
Marriage is a public status grounded on an intimate relationship. Those who emphasize the public status aspect have argued that the state, and the state alone, should set the terms for the marriage (including rules for entry, rules during the marriage, and the terms on which the marriage can be dissolved). Those who emphasize the intimate relationship aspect have been more receptive to the parties’ private ordering of the terms of their marriage.
Brian H. Bix, Premarital Agreements in the ALI Principles of Family Dissolution, 8 Duke J. Gender L. & Pol'y 231 (2001), available at http://scholarship.law.umn.edu/faculty_articles/202.