From dowries to prenups: the evolution of a genre

DENTI, OLGA;GIORDANO, MICHELA

2011-01-01

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Abstract

The idea of writing and signing prenuptial agreements is not a recent one in Common Law countries, both legally and culturally. Women have always wanted to make sure that they would not find themselves homeless in case of divorce or death of their spouse (Stoner / Irving 2008: 1-2). Prenuptial, antenuptial, or premarital agreements are contracts signed in contemplation of divorce for protection against post-nuptial disagreements to handle the financial aspects of marriage. More precisely, they are stipulated in order to “describe the rights, duties and obligations of prospective spouses during and upon termination of marriage through death or divorce” (Greenstein 1992). Throughout history there have been several examples of contracts of this type. In Ireland, for example, a Celtic institution foresaw that men and women had to contribute an equal amount from their own property and they had to keep account of the profits of their conjoint resources, suggesting that each reserved ultimate ownership of what was contributed to the marital fund (Ó Corráin 1985: 5-24). The present study, which is part of an ongoing work on prenuptial agreement discourse, aims at carrying out a diachronic analysis of prenups in Common Law countries. The link between ancient dowries and modern prenups runs across centuries of history, different countries and legal systems, but also procedures and practices modified according to customs and needs. This study will start by investigating the emergence and evolution of dowries in Europe and in England. Then, it will focus on the analysis of the first marriage settlements, those contemplating dowry, dower, jointure and pin money, up to the modern American prenups.