The contract of marriage is solely an agreement to enter into the marriage relation or status. The mutual rights and obligations of the parties to the marriage contract are not, and can not be, determined or modified by the terms of the marriage contract. The marriage contract is an executed contract, as soon as the marriage ceremony has been performed.

The contract of marriage differs from all other contracts in the fact that it cannot be rescinded by the mutual consent of the contracting parties. The reason for this is found in section 5.