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Old 2015-08-01, 17:51   #1534
Brian-E's Avatar
Jul 2007
The Netherlands

7·467 Posts

Originally Posted by Zeta-Flux View Post
1. Divorces do not only impact the marriage partners. They impact children incredibly hard. Further, in society the example of easy divorce can lead to others to choose the "easy way out".
Yes, children are impacted hard. But children are not helped by artificially keeping their unhappy parents together. The situation is tragic, but the damage has already occurred.

And there is no "easy way out" of this awful situation.

2. That said, divorce does impact marriage partners in unexpected ways. Numerous studies show that people are no happier five years after a divorce (on average).
Which says nothing about whether they would be any happier if they had been forced to stay in the unhappy marriage. It seems very unlikely to me that they would.

3. Having "fault" laws makes it clear what one should reasonably expect from a marriage relationship. There are certain universal expectations from government and society about what should occur in a marriage.
Yes, and those expectations need to play a big role. Their role should be to encourage people to think carefully before getting married (and before taking any major decision related to marriage).
Fault laws do not prevent mistakes altogether, however.

4. Fault laws allow judges to protect the partner not at fault.
For financial purposes, yes. But they cannot repair a broken relationship.

5. Finally, fault laws make it clear to the people entering the marriage that they are not just joining together until "one of you decides you are done" but "until death do you part". The very act of making it easier to get out of a marriage changes what a marriage is.
No-one thinks about the laws surrounding divorce at the time they are marrying. I agree that it is vital that people think carefully before marrying, but making divorce difficult will not achieve that.
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