Vladimir_M 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: Vladimir_M 22 May 2010 04:23:55AM 1 point [-]

I don't understand how that would make sense. What happens if you renege on such a contract, and how does it change things relative to the normal situation anyway? Even without any contract, if your husband wants to test the kid no matter what, he can dispute paternity until the test is done and the evidence is there. The details of course vary between jurisdictions, but I think this should be the case pretty much everywhere.

(Also, I'm not a lawyer, but I'm not sure if contracts of this sort would be enforceable in any case. From what I've red, prenups are ruled unconscionable fairly easily, and I can easily imagine a judge finding this sort of thing ethically fishy. But I'm just speculating here; if someone more knowledgeable is around, it would be interesting to hear from them.)

Comment author: Alicorn 22 May 2010 04:26:16AM *  13 points [-]

Even if it's unenforceable, it changes the dynamic of raising the question. In the normal state, asking for a paternity test could reasonably cause offense - "Are you saying I cheated?". Writing up the contract makes the test the default, and then not wanting the test would be suspicious - "What, now you change your mind? You said you'd test them all."

Comment author: Vladimir_M 22 May 2010 04:29:01AM *  2 points [-]

Yes, but would be the advantage of formalizing such a deal in a prenup, rather than just committing yourself to it verbally and informally? Why waste the money for the lawyer fees?

Comment author: Alicorn 22 May 2010 04:35:56AM 11 points [-]

There is a realistic chance that I will forget having said any given thing I say.

Comment author: NihilCredo 25 May 2010 03:23:53AM *  10 points [-]

Using lawyers as the most expensive kind of diary ever is... actually not as bad as how they're ordinarily used, in fact.

Comment author: HughRistik 24 May 2010 01:39:29AM *  4 points [-]

Expensive signaling?