Jebslund wrote:Darussalam wrote:Marriage is a private contract - no-fault divorce means that the contract is unenforceable, even if both parties agreed beforehand to enforce the contract in the future. An unenforceable contract is not a contract.
The ability to revoke a contract does not make the contract unenforceable. Either I or my employer can revoke my employment contract at any time for any reason or none at all. That does not mean I cannot have my employment terminated and/or be sued should I breach the terms of said contract, or sue my employer should they fail to uphold their end. MOST contracts, public AND private, can be revoked by either party at any time, many for any reason. No-fault divorce is a means of revoking the contract *without* breaking the terms of said contract. If one partner or the other cheats, the other partner can still initiate an at-fault divorce in which the other party is at fault. The no-fault part simply means for marriage what At-Will Employment means for employment contracts: That, while it is still possible for the contract to be terminated with cause, no cause is needed. It does not mean the contract cannot be enforced (the non-compete clause in my contract, for example). It simply means that there is the option to end it without there needing to be a breach in contract first.
It's also worth noting that at-will employment makes the already vulnerable working class even more vulnerable to an employer's whims, while no-fault divorce makes vulnerable abused spouses less vulnerable to the effects of a need to prove wrongdoing.