If marriage is a legal contract...?

Bill

It is not a legal contract. It is a legal status recognized by the government, which confers certain rights and duties upon the parties.

Breaches of contract are not criminal anyway, and thus do not rate punishment by the legal system. They are handled in the civil courts.

aires69uk OFFICIAL

There is - it's called 50% of all you've got!

Steve J

Betsy, that is brilliant!
There SHOULD be the chance to sue errant partners and impose penalties on them for breaking the contract! The only penalty currently available is divorce, smaller penalties (financial, house arrest, wearing a tag etc) would certainly be a help in this.
how about points on the marriage licence, the partner with the most pints gets whacked the hardest in the case of divorce?
cheers, Steve.

Colonel

Well, regardless if the Guy or Girl "breaks" the contract and you get a divorce, the Courts will always side with the female. This is personal experience talking. Here was my situation.

My wife moved out, came back a month later and stated she was going to take the stuff from our sons room who was 2 at the time. These Items included all our baby stuff, crib included. It did not take me long to find out she was pregnant, by someone else. So, we start the divorce process, but I have to take a DNA test to prove the child is not mine, and I was told by the judge "you are assumed to be the father because you were legally married at the time of conception"
I asked for custody of my son, I was denied. Instead we got shared parenting, we took turns having my son every other week. I was told I had to pay child support because she was un-employed (this is my fault?) I said she was the one who committed adultery, and the judge replied "you two were separated when she conceived"

WTF? I'm assumed the father and have to do a DNA test because we were "legally married" but I could not get her for adultery because we were "separated at the time"
I mean honestly.

Deborah J

Marriage is a legal status not a contract a contract is a signed agreement. Now there is marriage contracts or Pre-nupitual contracts that can be honored if it is stipulated in the contract about fidelity of the spouse. But the marriage ceremony is more an agreement between two people to stay together as a partnership it's either a civil or religious ceremony the Person who witness the marriage and either ministor or Justic of the Peace are the person who validate the relationship.

Pre-Nuptials can be honored if taken in a civil action either during a divorce or custody battle.

Der Lange

Neither you nor any of those who answered so far have considered punishment of adultery as a crime - but that is the case in many other cultures. In the more rigid and fundamentalist part of the Islamic world, as well as in some parts of ultra-orthodox Israel, a woman even suspected of adultery may be stoned to death on the street. This is also practiced in parts of the world that follow other religions - especially in areas of Africa and Asia. Some more repressive and fundamentalist Christians additionally apply a version of this approach - "honor" killings of a woman who is suspected of adultery are not all that rare in the world.

What a pity.

Work a little more on the idea of "marriage" - in many places of this world, that represents nothing but slavery for a woman who is kidnapped, forced, or sold in marriage against her will. And I know many a woman in the U.S. who will say that what she thought "marriage" would be, and what she ended up with, is about the same.

-Tequila9+

It is a contract.

However, in the past century many laws have changed regarding the nature of the contract due to the the subservient role it placed women in when they married.

"They became ONE and that was the husband."

"No fault" laws enabled the courts to stop the viciousness of some divorce proceedings.

However, if someone commits adultery, they can fully expect to "pay" for it in the settlement.

Peace.

mr danger

It most definetly is a contract. Adultery does have a punishment in that it provides a legal reason for the contact to be broken. Historically adultery has always been a reason for divorce

Nick

Just because you break a legal binding contract doesn't mean you will be punished by law. Only if the persons involved in said contract sue. Same goes for marriage.

leambi

Adultery isnt illegal and in a civil ceremony it isnt even mention.

lotsmorewine

The punishment used to be the social stigma; but these days that no longer seems to apply. Going through a prolonged ritual, making vows before witnesses and authorized officials, signing papers and getting them witnessed - that sounds like a legally binding contract to me, so I think there should be a real punishment for breaking it. Divorce isn't a punishment because the man usually comes off worse, especially if there are children .

Veston Pants

It is an institution recognised by common law. It is not a contract in the sense of the word you are speaking. Even if it were there is no criminal sanction for the breaking of a criminal contract (again) in the sense you are referring. Contract disputes are civil matters. Civil damages are based on restitution in contract. Not punishment.

xxR

wizjp

It's an implied contract. The legality is in the registration of the intent.

tonalc1

Specific conditions must be met and, like other contracts, a marriage creates certain rights and duties for each partner.

However, when the terms of a binding contract are broken, it is not a matter of criminal law, but rather contract/civil law.

fathead

Even if it were a true contract the punitive actions would be limited to civil procedures, not true punishment.

Rimmer

Because adultry is not illegal!

y there is punishment. it's called child support, alimony, and statutory or community property

Clearly you have never been through a divorce. Thats punishment enough for both sides.

Rash

Because 90% of the British population will be behind bars!!!!!

michala p

you do get punished as the court then decides who gets residency and visitation of any children.
Who gets to stay in the house and who moves out.
the rest of the family won't talk to you.
you have to give half your money over as a divorce settlement.
when you break a business contract they take out a civil suit as it is not a criminal but cival offence and you pay compensation.
the divorce settlement is more like compensation.
so if the legal system does all this treats you as a kid for falling out of love with one person and in love with another isn't that punishment enough.
this is the main reason i will never marry.

kinning_park

It is a union under civil law, not criminal law (lthough bigamy is an offence in criminal law). The remedy for failure is therefore under civil law, which seeks to make a judgement based on the best interests of all, and not a punitive judgement.

Blessed with Baby #2

In a since someone can be held responsible for committing adultery but only if you take them to court for divorce. If you could prove adultery to the judge he would me more likely to favor you in his findings and you would most likely get some alimony.

Marriage is a commitment to each other and should never be broken.

AnneShirley03-03-07

You are probably in a position where you don't want to hear this, but if you think of all the other crimes which are committed, whether this is a legal contract or not, it is nothing compared to the millions that are raped/murdered/threatened/frightened/abu... think that adultery is nothing in comparison to some of the crimes...that we know about. xx Hope you don't hurt too much though, i know this must be absolutely heart breaking.

kny390

There is a punishment, it just usually is not enforced.

hi!girl

there is....it's called alimony

itsmeee

marriage is not a legal contract because you don't have to sign anything. A divorce is a legal contract. Marriage is a legal status recognised by your country.

cseac

thats a really cool question

elaeblue

Because the country couldnt function if we jailed every person who committed moral crimes of this kind.

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