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The antenuptial agreement for the religious instruction of children generally appears in mixed marriages contracted between Protestant and Catholic parties. The Roman Catholic Church requires that the non-Catholic party sign such an agreement before its consent will be given to the proposed union. The enforceability of this type of agreement would seem to be of interest in view of the increasing number of mixed marriages.' There appears, however, to have been little litigation regarding such agreements. The question of the enforceability of the agreement may arise (1) indirectly where a party seeks custody without referring to the agreement, and (2) directly where the agreement is sought to be enforced irrespective of who has custody. The American and English and Empire cases will be considered separately. The American cases are in conflict as to the enforceability of antenuptial agreements for the religious education of children, while the English doctrine is that the agreement lacks legal significance and is not enforceable. As the English and Empire cases antedate the American cases, the former will be considered first in the following order, based on differences in fact situations: (1) cases where both parties to the agreement were dead and the dispute was between the maternal and paternal relatives; (2) cases where one party to the agreement was dead and the other alive, and the dispute was between the latter party and the relatives of the deceased; and, (3) cases where the parties to the agreement were both alive and involved in the litigation. The varying fact situations may not have affected the results, but the cases are considered on this

The Enforceability of Antenuptial Agreements for the Religious Instruction of Children