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Wednesday March 10th 2010

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Q&A: Would REQUIRING a marriage permit (like a learner permit for drivers) reduce the divorce rate?

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THE MARRIAGE PERMIT

Someone just wrote in to ask if we would be in favor of a “marriage permit.” It was a remarkable question because back in March, I wrote this: http://www.divorcesaloon.com/the-divorce-revolution-has-divorce-become-too-commonplace and in it, I almost sort of cavalierly advocated a marriage permit prior to a marriage license.

Now that I think about it, I think it is absolutely a brilliant idea and that its time has come. With skyrocketing divorce rates – even among same sex couples who only just received the right to marry in a handful of states – it is clear that many people both straight and gay are not taking marriage seriously at all, and in a way, many seem to make a mockery of the institution. Yes, I think divorce has become like drunk driving was before it was made a felony. Marriage has become a sport. People need more consequences imposed on them so that they start to take marriage more seriously.

One way to do that, is to impose a mandatory 5 year learner period. People who want to marry would get a marriage learner permit that will last 5 years. It will kinda sorta be like them being married, but not quite. From day one to year five, they would sort of have this constructive domestic partnership. Or something like that.  During the trial period, they will learn to be spouses and they will demonstrate that they have the goods to take the marriage into longevity and that they are not just getting married for the sake of getting married.

After five years, if these two people still really want to be married, then and only then should the state give them that marriage license. Of course, if children are born during the 5 year period, they would still be protected by the CSSA and the Family Court Act and all. But as for property rights, folks would be strongly advised during the learner period to keep everything separate as far as assets or risk not getting full equitable distribution till they are really married. (This one is hard because….well, I don’t know how this would work yet, so that it is fair. Because 5 years is a long time to walk away with nothing from the marriage. On the other hand, if all states became “fault” states then that would be one way to protect the innocent spouse from a malfeasor who just tries to get out prior to the five year period just so they wouldn’t have to equitably distribute the marital wealth.)

But. As far as inheritance rights. If a spouse dies before the five year period is up, then inheritance rights would kick in fully. But so long as they live for the five year trial period, they are sort of married, but not really till they prove they are really committed and in it for the long haul.

Yes. I think one way to stem the divorce rate is to give these folks a marriage permit the way you give drivers a learner permit. I mean, there’s a reason why folks like me still don’t have a driver’s license. And there are good reasons why some folks should not be given a marriage license as well.

What do you think? Other than “are you out of your mind?!”

Image credit www.flickr.com kayugee’s photostream

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2 Responses to “Q&A: Would REQUIRING a marriage permit (like a learner permit for drivers) reduce the divorce rate?”

  1. Interesting concept, though it obviously has considerable issues with it to be worked out especially among the differences in state laws. Might make some states more attractive to live in than others.

    Could be a good marketing piece for some states to use to entice people to move there while growing their tax base! “We give you 5 years to play like you are married, while all you are really doing is taking a long test drive. If you don’t like the car (spouse) you can return it when you’re done.”

    If this were to be tried, then I think there should be mandatory financial education classes, communication workshops, and child-rearing reality checks, in order to make it engaging and effective.

    The bigger problem I see is that the majority of divorcing clients I am working with are from long-term marriages (15 years and up with one of my latest cases at 42 years!).

    A proposal (no pun intended) such as this does nothing to address the fact that many people have waited it out long enough for their children to be grown and out of the house, and are now ready to live the lives they truly desire….sans their spouse.

    Lisa C. Decker, CDFA
    http://www.DivorceMoneyMatters.com

    • admin says:

      I agree with you here: “If this were to be tried, then I think there should be mandatory financial education classes, communication workshops, and child-rearing reality checks, in order to make it engaging and effective.” You just added some depth to an off the wall idea I came up with off the cuff. Quite seriously, I think this may actually even help to stem the divorce rate! And force folks to take marriage a bit more seriously! And parenting too. I see a lot of “parental malpractice” and it has to stop. It really does. Not everyone is qualified to be a parent just becuase they can biologically procreate. Parenting is much more than procreation. Marriage is much more than the right to get a marriage license.

      But as for the couple you are working with, after 42 years, I’m sorry to hear they couldn’t go to the end, but they have clearly demonstrated that they took it seriously and they tried. Marriage was not a sport to them more than likely. And that is what I’m talking about. I see a lot of folks who seem to think marriage is a sport and I don’t think that is okay and I think the state has an interest in keeping the institution of marriage a meaningful one. After 42 years (well, after 5) then they are fully married according to my proposal. If they then divorce, then all the laws and rules in effect now would apply to them fully as far as equitable distribution and things like that. Lisa, thank you for your thoughtful response. Come back often!
      –divorce saloon staff

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