If it takes lawyers and contracts ratified in court to end a marriage, why don’t we have mandated and enforceable legal agreements to start a marriage.

AvailableCandidate89 · 2023-04-14T22:28:13+00:00

because there's an army of people waiting to profit off of the drama of divorce

“It is difficult to get a man to understand something, when his salary depends on his not understanding it.”

― Upton Sinclair

LouisdeRouvroy · 2023-04-15T06:02:51+00:00

This is exactly how it works in France, and I suspect, in many civil law countries as well.

Whenever you get married, you are asked to choose a mandatory prenuptial agreement (call the matrimonial regime). You have 4 choices:

- Separate assets (spouses keep completely separate assets. Often used by people who want to have a personal business to shield the spouse from any issues from their business)

- Common assets (all assets of both spouses are held in common)

- Common assets only for acquired assets, the default agreement automatically selected if the spouses do not voluntarily choose another one (assets acquired during marriage are common properties except inheritance, but assets acquired prior marriage stay separate)

- Personal prenup drawn by a lawyer (very rare, usually only for super wealthy folks)

At any point during marriage, you can switch back and forth any form you wish. But such a legal framework is typical of civil law countries where judges do not built enforceable jurisprudence. Common law countries judges would probably throw a fit at a legislature imposing its will onto them like that...

However, with this comes the curtailing of the freedom of disposal of assets in a will. In France, the law regulates who get your assets (mainly your children in equal part), with no possibility of disowning them. Not sure anglo people would accept such rules...

jjj2576 · 2023-04-14T22:43:06+00:00

The trope of “Marriage is Eternal” probably has a lot to do with it too. I mean, Christianity is probably a key influence in this too.

Joe_Immortan · 2023-04-15T08:44:52+00:00

It doesn’t take lawyers to end a marriage… lots of people get divorced with no lawyer.

And it does take a contract to start a marriage. That’s why you have to agree to get married in front of an official. You’re entering into the marital contract with your partner and usually you have to sign something. If you want more terms to the contract you can sign a prenup

breck · 2023-04-15T07:27:47+00:00

I have a friend who made a "Love Contract" with his wife, outside of the legal system. They aren't legally married in the state but instead wrote up a contract with what marriage is to them and every clause is custom to them, then they got it notarized and just got married in their church.

I wish I had done something like that.

Instead I've been kept from my 2 daughters for 208 days and been harassed and stolen from to all hell. I would agree with you the most brutal. I've had a judge describe it as the "Family Law Cartel" and a "Cesspool". I hope someone fixes it.

GivesStellarAdvice · 2023-04-14T23:08:45+00:00

Marriage IS a mandated and enforceable legal agreement. That's why it takes lawyers and contracts to end it.

Title	If it takes lawyers and contracts ratified in court to end a marriage, why don’t we have mandated and enforceable legal agreements to start a marriage.
Author	NeoNotNeo
Upvotes	53
Comments	13
Date	April 14, 2023 10:20 PM UTC (3 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/12mfqws/if_it_takes_lawyers_and_contracts_ratified_in/
Archive Link	https://theredarchive.com/r/MensRights/if-it-takes-lawyers-and-contracts-ratified-in.1214437 https://theredarchive.com/post/1214437

Comments