The American "Covenant Marriage" in the Conflict of Laws
Three states have adopted covenant marriage legislation, with similar bills pending in others. They seek a greater commitment of the spouses-to-be and mkake divorce more difficult. At the same time, other forms of partnerships are proposed in other states. To what extent can covenant-marriage legislate assure that it will be given in other states (interstate) or internationally? The suggested answer is: the divorcing U.S. forum applies its own law (covenant-law or non-covenant law), some foreign systems will apply the parties' home law (thus recognizing restrictions when a U.S. sister state would not).
Conflict of Laws
Date of this Version
Peter Hay, "The American "Covenant Marriage" in the Conflict of Laws" (September 12, 2003). bepress Legal Series. bepress Legal Series.Working Paper 65.