The Rights of the Husband

In John Stuart Mills' Statement Repudiating the Right of Husbands, it is obvious that Mills is an advocate of equal rights among men and women. During the time at which this was written, when a woman married, she became her husband’s possession. This custom, coverture, meant a woman could not own property. When she entered into a marriage, any asset became a part of her husbands estate. Mills intended to dispel this custom from his own marriage:

And in the event of marriage between Mrs. Taylor and me I declare it to be my will and intention, and the condition of the engagement between us, that she retains in all respects whatever the same absolute freedom of action, and freedom of disposal of herself and of all that does or may at anytime belong to her, as if no such marriage had taken place; and I absolutely disclaim and repudiate all pretence to have acquired any rights whatever by virtue of any such marriage (1095).

Although I have never seen one, the portion reads like a prenuptial agreement. Mills is publicly renouncing any ties to Mrs. Taylor's property, however, I wonder if such a document would be legally acceptable in the event of a divorce. If the woman cannot legally enter into any agreement, would said contract then be null and void? I hope so, otherwise, there would be no respite for women at all. Marriage literally meant signing your life away! However, at that time women were property of their father's until they were given to another man in marriage. There really was no hope!