ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Monday, June 16, 2008

Relationship Negotiation: Why Wait for the Pre-Nup?

WSJ Law Blog reports that Valleywag (self-described as "Silicon Valley's Tech Gossip Rag") reports on a supposed agreement between Facebook founder Mark Zuckerberg and his girlfriend. Apparently, when Zuckerberg's girlfriend moved to Silicon Valley, the couple penned a contract to govern their dating. The "final contract" purportedly contained the following clause:

One date per week, a minimum of a hundred minutes of alone time, not in his apartment and definitely not at Facebook.

Specifically enforceable? What are the damages for breach? Perhaps early negotiations are meant to take the sting out of the billionaire's eventual request for a pre-nuptial agreement if and when the relationship approaches marriage (i.e., it is never too early to negotiate). At the same time, if you need a written, formalized agreement concerning entitlement to a minimum number of "alone time" minutes, what does that say about your relationship? Perhaps, again, this is simply contract as metaphor or perhaps as a tool to initiate communication.

[Meredith R. Miller]

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