why is a marriage contract different from ordinary contracts ?
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Prospective spouses are in a confidential relationship. They are often unevenly matched in bargaining power. The possibility, therefore, that one party may overreach the other is greater than in the case of ordinary contracts. ... Prospective spouses have an interest in making their own bargains.
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10
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The second difference between premarital agreements and ordinary contracts is the relationship of the parties to each other. Prospective spouses are in a confidential relationship. ... The possibility, therefore, that one party may overreach the other is greater than in the case of ordinary contracts.
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