Contracts Promoting Divorce

Definition

Contracts promoting divorce are agreements that explicitly encourage or facilitate the dissolution of a marriage. These contracts are generally considered contrary to public policy because they undermine the institution of marriage and societal interests in family stability, making them unenforceable in most jurisdictions.

5 Must Know Facts For Your Next Test

1. Courts typically rule contracts promoting divorce as void because they conflict with the public policy goal of encouraging marriage stability.
2. These contracts can include clauses that incentivize one spouse to initiate divorce proceedings, which can be seen as harmful to family structure.
3. The legal system prioritizes agreements that promote reconciliation and mediation over those that facilitate separation or divorce.
4. Some jurisdictions may allow certain agreements related to separation but strictly prohibit any terms that would encourage divorce itself.
5. Judges may scrutinize any contract that appears to undermine the sanctity of marriage, often leading to litigation regarding their enforceability.

Review Questions

• How do courts typically respond to contracts promoting divorce, and what is the rationale behind this response?
  • Courts generally declare contracts promoting divorce as void, reasoning that such agreements violate public policy. The legal system aims to support and uphold the institution of marriage, viewing it as essential for societal stability. By invalidating these contracts, courts discourage behavior that could harm family structures and promote reconciliation instead.
• Discuss how contracts promoting divorce conflict with the societal goals associated with marriage and family law.
  • Contracts promoting divorce directly conflict with societal goals by undermining the stability and commitment inherent in marriage. Family law is designed to protect familial relationships and encourage resolution over dissolution. Allowing such contracts would send a message that divorcing can be incentivized, which could lead to increased instability within families and the broader community.
• Evaluate the potential implications if contracts promoting divorce were allowed to be enforced in a legal context, considering social and legal consequences.
  • If contracts promoting divorce were allowed to be enforced, it could lead to a significant shift in societal views on marriage. Legalizing these contracts might normalize divorce as a viable option over reconciliation, potentially increasing divorce rates and destabilizing family units. This could also create an environment where financial incentives influence personal relationships negatively, prompting courts to reevaluate existing family law principles and protections for marriages.

Related terms

Public Policy:

A principle that no one can lawfully do something that has a tendency to be injurious to the public or against the public good.

Covenant of Marriage: A formal agreement that outlines the obligations and expectations of spouses during their marriage, often emphasizing fidelity and support.

Separation Agreement: A legally binding contract between spouses that outlines the terms of their separation, including financial arrangements and child custody, without promoting divorce.