Divorcing The State
John Jay introduces a series of discussions on the significance of post-nuptial agreements as tools for divorcing the state from marriage. These agreements allow couples to separate personal marital choices from the state’s influence, promoting empowerment and understanding of rights. Jay emphasizes the arbitration method over traditional court processes for its efficiency and privacy. He further critiques the modern court system for its deviations and highlights the use of post-nuptial agreements in estate planning. The discussions further address the roles of husbands and fathers, likening them to trustees responsible for property management for beneficiaries’ benefit. Throughout, Jay asserts that marital relationships are grounded in natural laws and should be free from unnecessary external interference.