Most people I have asked believe that marriage is a contract; they view it as a contractual relationship wherein both parties have applicable obligations and rights.They believe that, as in any other normal contract, failure of either party to fulfill any of their obligations constitutes a breaking of the contract and its consequent destruction, with prejudice to be shown--- by any court---against the party having broken it.
Today, however, with "no-fault divorce", it seems that either party can terminate the marriage for no demonstrable reason but that they no longer wish to be married. Yet I continue to hear expressions used in discussing marriage (and divorce) such as, "the marital contract", "...contract established thru marriage", "...marital contractual partnership," and so on.
I would like to ask anyone hear who can resolve this confusion this question: Is marriage still a contract? If it is, why does there have to be so much debate in divorces? It seems that if the answer to the above question is "yes", then divorce should simply be a process of determining which party has broken the contract and what measures should rightly be applied against this party.
Is marriage no longer a contract? If not, what is it? Can it even be described?
Today, however, with "no-fault divorce", it seems that either party can terminate the marriage for no demonstrable reason but that they no longer wish to be married. Yet I continue to hear expressions used in discussing marriage (and divorce) such as, "the marital contract", "...contract established thru marriage", "...marital contractual partnership," and so on.
I would like to ask anyone hear who can resolve this confusion this question: Is marriage still a contract? If it is, why does there have to be so much debate in divorces? It seems that if the answer to the above question is "yes", then divorce should simply be a process of determining which party has broken the contract and what measures should rightly be applied against this party.
Is marriage no longer a contract? If not, what is it? Can it even be described?
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