Marriage and divorce are complicated. Many legal systems look at marriage as a contract. A husband's obligations -- usually to support his wife. A wife's obligations -- usually to have sex with her husband. So, what happens when 2 people decide to break the contract? Well, if it is 2 people agreeing this doesn't work any more, hopefully, they will be able to come to an agreement. After all, they agreed it isn't working, right? But, what if one is happy and the other is unhappy? Well, in business, that would be simple. You buy them out. Usually, partnership agreements--good ones--have bailout clauses how to split up, who gets what, etc. Who will handle the arbitration or law--which court will have jurisdiction. But, how should a man and woman divorcing handle it?
Let's face it, prenuptial agreements can't cover everything. There will always be unexpected issues arising. But, what happens when one party changes a fundamental premise? You were married in a certain religious setting and now...You're not into that religion any more? You're not a communist or liberal or Republican or whatever any more? What about the kids? How are they to be brought up?
In contracts--a sale is a contract--if there was a fundamental misunderstanding, the contract--the sale--can be voided. For example, selling land while being ignorant of the mineral rights and mineral richness of the land.
This could also apply to marriages based upon a false premise. Usually, misinformation about a previous marriage or current financial situation. However, I have found it hard to accept an annulment from a couple married for 30 years and having 5 children! (True story!)
Yet, there is another scenario. As children we are all socialized to be whatever. What happens when we realize how we were manipulated and no longer want to live that way? This is particularly obvious with religious upbringings and gender issues. How does this all apply to divorce and the children?
There are no easy answers. But, one thing is for sure, the one breaking the contract has to pay a premium. And, if either side is too hard headed, the result will be unpleasant for all parties concerned.
NOTE: See Fraidy Reiss'es article in the Huffington Post. An example.
NOTE: The current custody battle for Pearl Perry Reich is also very interesting. Much to comment on. But, I will not be misconstrued as publicly supporting either side without knowing the parties. And, even if I knew the parties, I could never go back in time and know the historical facts.
