"Covenant" Marriage Law

[Robert Cochran]

        Most of the focus of divorce discussion is on the poor couple at
the end of the marriage who are in a state of war--the easy answer, let
them out of it.  But easy divorce changes the basic character of many
marriages from the beginning.  Parties enter the marriage with little
trust that the marriage will be permanent.  This affects the marriage in
two troubling ways:  1. Since the parties cannot rely on the long-lasting
nature of the relationship, they are hesitant to make sacrifices for one
another that yield long-term benefits.  2.  They cannot share with one
another at the deepest level.  It is easy for me to share my strengths
with my wife.  I am able to share my weaknesses and my insecurities because
I am confident that she will be there tomorrow in spite of them.  I am
confident that she will be there tomorrow because of her character and her
religious commitment, but in a fallen world, many people need something
more.  They should at least have the option of choosing a relationship
that will have stronger legal bonds.  Several years ago, Elizabeth Scott
did a very interesting piece in the Virginia Law Review that advocated the
state recognizing and enforcing different levels of commitment at
marriage; it was based on a contract model.

                                                Bob Cochran, Pepperdine