Possibly, but pre-nups aren’t valid in some jurisdictions (the UK, for example).
Some other issues have occurred to me regarding the redesign of marriage contracts. If a marriage contract is to be simply an ordinary contract in the framework of contract law, then several issues arise, which Salemicus and others of like mind might not want. What, if anything is to distinguish a “marriage” contract from any other, if it can be drawn up between any two (or more) people of legal age to enter into contracts? If the contract says whatever the parties wish it to say, is there any longer such a thing as “marriage”? How shall “marriage” be defined for such purposes as widows’ pensions, the line of succession in intestacy, etc.?
Any contract can be varied or voided instantly by common agreement of the parties, because no third party has any legal standing to object. Thus marriage “contracts” of this sort would make divorce by mutual agreement instant. (If there is no other ground than decision to separate, it takes 2 years in the UK.)
The only alternative is to reform the law of marriage itself. This is not to say that it cannot be done, but it would be a long row to hoe.
Possibly, but pre-nups aren’t valid in some jurisdictions (the UK, for example).
Some other issues have occurred to me regarding the redesign of marriage contracts. If a marriage contract is to be simply an ordinary contract in the framework of contract law, then several issues arise, which Salemicus and others of like mind might not want. What, if anything is to distinguish a “marriage” contract from any other, if it can be drawn up between any two (or more) people of legal age to enter into contracts? If the contract says whatever the parties wish it to say, is there any longer such a thing as “marriage”? How shall “marriage” be defined for such purposes as widows’ pensions, the line of succession in intestacy, etc.?
Any contract can be varied or voided instantly by common agreement of the parties, because no third party has any legal standing to object. Thus marriage “contracts” of this sort would make divorce by mutual agreement instant. (If there is no other ground than decision to separate, it takes 2 years in the UK.)
The only alternative is to reform the law of marriage itself. This is not to say that it cannot be done, but it would be a long row to hoe.