No Fault Divorce:Central Gov. Destruction of the Family
http://www.thepublicdiscourse.com/2015/09/15739/
"In contract law, unless a contract has been improperly formed, only the party claiming breach is entitled to sue. Once breach is proven, the law provides remedies for harm in order to achieve fairness. No-fault divorce turned the tables on this basic premise of contract law by allowing guilty parties to sue for divorce, even when their spouses had not breached the contract. Isn’t that discriminatory against spouses who have honored their marriage contract? Isn’t our no-fault system a clear case of favoritism and preferential treatment for spouses who breach their contractual promises? The equitable legal doctrine of unclean hands should extend to marriage contracts, barring adulterous spouses from suing innocent ones."
"In contract law, unless a contract has been improperly formed, only the party claiming breach is entitled to sue. Once breach is proven, the law provides remedies for harm in order to achieve fairness. No-fault divorce turned the tables on this basic premise of contract law by allowing guilty parties to sue for divorce, even when their spouses had not breached the contract. Isn’t that discriminatory against spouses who have honored their marriage contract? Isn’t our no-fault system a clear case of favoritism and preferential treatment for spouses who breach their contractual promises? The equitable legal doctrine of unclean hands should extend to marriage contracts, barring adulterous spouses from suing innocent ones."
posted by martin at September 24, 2015
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