英文婚姻契约[专业论文].pdfVIP

5810 MARRIAGE CONTRACTS Antony W. Dnes Associate Dean (Research) University of Hertfordshire, England. © Copyright 1999 Antony W. Dnes Abstract This chapter is an examination of the incentive structure set up by the law of marriage and divorce. Two forms of opportunistic behaviour are of particular interest: the ‘greener-grass ’ effect and the ‘Black-Widow’ effect. There is a case for seriously considering expectation damages as a basis for post-divorce support obligations and asset division. The current focus of marital law on a mixture of needs-based and contractual elements in divorce settlements is vulnerable to the charge that behaviour is encouraged in both males and females that is predatory in nature. The contractual uncertainty that follows from this may well deter some good quality marriages that might otherwise occur. JEL classification: K12 Keywords: Family, Remedies, Needs, Opportunism, Breach of Contract 1. Introduction The growth of divorce, reduction in rates of marriage, growth of co-habitation, and similar trends in western society have all caused concern in recent years. Families are less stable and this has implications for the welfare of children. From an economic perspective, a major issue is the incentive structure set up by the law of marriage and divorce. The dependency and vulnerability of one marriage partner to opportunistic behaviour by the other is foreseeable under current laws, opportunism being defined as self-seeking with guile (definition of Williamson, 1985, p. 47). This chapter is specifically concerned with the extent to which laws may have set up incentives encouraging divorces that would otherwise be avoided and discouraging marriages that might otherwise have occurr