Does anyone agree that Marriage is actually a legal and binding contract between 2 parties? They make a verbal agreement in front of at very least one witness and then sign the certificate to that effect. Why isn't it treated as such in court?
by 
druebeall
ANSWERS: 7
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For a contract to be valid, it must have "value," AKA. a dollar amount. And there's no value in agreeing to treat someone in a specific way.
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It is a binding ritual, which in many cases is as strong as law - but it is not a legal contract, as it is not made by, for, or on the laws of the State. Moreover, Marriage is a social ritual, and due to the inherently eternally changing nature of humankind, should remain one. It is unethical to use the State to enforce the whims of social fancy. Finally, since it is a social union and not a legal contract, the State seeks to remain clear of it, both because of the promise to attempt to separate Church and State as much as possible, as well as to avoid the financial and moral headache such a calamity declaring marriage a legally binding contract would be.
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i agree that its a legal, binding contract, but states got tired of cleaning up all of the spousal homicides that they decided to just legalize it.
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I thought it was.
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It doesn't seem to be until they divide the property, assign alimony and the judge's final pronouncement/decisions are enforced by law.
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It is a legally binding contract. The contract is supported by consideration by both parties, such as by promising not to adulterate and do all the other stuff they say they will do or not do. If one side cheats, then the contract is breached and that is why the other person usually gets all the money. Also, a contract can be voided if both sides agree to the voiding, which is what happens when there is "irreconcilable differences." In essence, a divorce is a new contract to invalidate the old contract.
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Your question is flawed. Marriage is a contract. That is why you are entitled to alimony and other assets upon divorce. I think your error is assuming that a contract means you cannot breach. Ever since the abolishing of slavery, you have had the right to breach a contract. You are liable for damages that result from that breach, but the state cannot compel you to perform a personal services contract.
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