Child Support and Child Custody:
Child Custody and child support would be governed by state guidelines pertaining to both. They should and would be separate entities under the law. The problem with fault or no-fault divorce laws is that they clump the break-up of a relationship in with the “best interest of the child.”
When that is done conflict from the break-up of the relationship bleeds over into child custody issues and muddies the waters. In my opinion child custody issues would be easier to negotiate if personal relationship issues were dealt with separately.
I think the question is not how divorce law and contract law differ but why isn’t a marriage contract as enforceable as any other contract under law? Treating marriage as a legally binding contract would not mean it harder to get out of an unhappy marriage as some argue.
All contracts except marriage have damages clauses. If you enter into a marriage and the original bargain you made…to love, honor and cherish becomes less attractive than the damages you would pay if you breach a legal contract then breaching the contract becomes a viable option. One that may cost more than under no-fault divorce laws but a viable one none-the-less.
My suggestion to anyone getting married or already married, prenuptial and postnuptial agreement. Life can turn on a dime; the one we love can find someone else or have a change of heart. It is best to have a contract that outlines exactly what takes place should you find yourself on the receiving end of a spouses need to “go out find themselves.”
