5 ms·
(Disclosure: I got divorced in the past year) I don't see why marriage is not treated just the same as other contracts. Clearly defined partnership agreement,
by cabaalis 8y ago
(Disclosure: I got divorced in the past year)
I don't see why marriage is not treated just the same as other contracts. Clearly defined partnership agreement, defined renewal periods, defined termination clauses and definitions of cause. You could still protect both parties by requiring the partnership to include an equitable asset distribution clause.
The state currently grants marriage licenses, so they have a clear hand already in this process. They could replace the whole licensing process with requiring a written partnership agreement that meets basic requirements.
No, instead we have this weird situation of basing everything upon some agreed "permanency" based solely upon trust when we all know there is nothing of the sort going on.
This process could still handle the religious ideas of marriage too--just renew your contract!
- sib 8y agoThis is exactly the reason that "normal people" (not just celebrities and the super-wealthy) sign pre-nuptial agreements. As a lawyer will tell you, if you don't make those decisions with your partner, the state will make them for you, and you may not like how they are made.
- roenxi 8y ago> defined renewal periods My preface is that that sounds like a really reasonable and prudent approach that combines all sorts of good ideas and principles. It has given me something new to think about. The flip side is that children do change things quite significantly. My memory is we already exclude children from personally entering in to contract law because they don't really make good decisions; and in a messy marriage breakdown they could quite reasonably be expected to be caught in the crossfire. There are bound to be issues here that separate what is needed in family law from ordinary contract law.