General Discussion
In reply to the discussion: Marriage poll [View all]treestar
(82,383 posts)You put your contract down on paper, and go to court only if something goes awry.
People could move in together and sign a contract (likely one would become standard) about how they will handle property they each bring to the relationship and how they would divide in in the event of children, death, split up. Now states have statutes that cover it, but this would allow each couple to make their own "law."
There is something to be said for that. Often, divorcing people are shocked at what the law is and don't like it and think it should be something else. While handled by statute, that law will always be that generated by the legislature, which means it is standard for society. If you want to get around that, you need a pre-nuptial or post-nuptial agreement. If there were no marriage, everyone would need that agreement in writing.