SilasBarta comments on Taking the awkwardness out of a Prenup - A Game Theoretic solution - Less Wrong

29 Post author: VijayKrishnan 22 May 2010 12:45AM

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Comment author: SilasBarta 22 May 2010 01:39:44AM 2 points [-]

Three comments, in decreasing order of seriousness.

1) The law prevents you from waiving some rights, and this could be viewed as waiving such an "inalienable right". Also, how do you define a bullet-proof pre-nup? What if its constraints conflict with the other party's pre-nup?

2) So would you call such a contract a "pre-pre-nup"? What if someone did a pre-pre-pre-nup where they agree not to marry anyone's who's signed a pre-pre-nup?

3) Why don't you post something of actual RELEVANCE to the people who come he...

Ideally, the individual in question could sign such a contract when they were single or not seriously seeing anyone with the intention of getting married.

Oh. Nevermind. Good advice!

Comment author: VijayKrishnan 22 May 2010 10:10:46AM *  0 points [-]

(1) and (2) seem pretty easy.

If there is a contradiction in pre-pre nups, either one party reneges on the contract and pays the stiff price or the marriage doesn't take place. When you opt for such a pre-pre-nup you are presumably willing to eliminate the pool of potential partners who are fundamentally opposed to the terms of your pre-pre-nup. Think of this as ideally no different from a situation when community property and other similar laws were abolished. In such a situation, you are free to turn down suitors who want pre-nups that enforce community property laws, or have pre-pre-nups which bind them to the same.

Of course, I don't know enough of the issue of "inalienable rights" and what kind of

contracts are made illegal by law. With my limited knowledge it seems that it should be possible to make contracts that achieve these, possibly by some circuitous means. Of course I am no lawyer and don't know the fine points.