Re:100 years of whatever this will be
by vineyardmike on Friday December 03, 2021 @05:04AM
(#29428370)
> it technically represents infinite risk.
a) Prenuptial agreements help some.
b) I hope your partner doesn't have a different view of what it represents.
c) this is actually a real interesting perspective I haven't heard. You're absolutely right and (like many things) the government could pass a law changing what it means, and who knows the affect. Actually, basically everything ever can change with government law changes (eg. taxes?) so maybe this isn't profound.
Re:100 years of whatever this will be
by sangnoir on Thursday December 02, 2021 @04:29PM
(#29422912)
> without either party re-consenting to the new agreement
This can also happen time with non-marriage contracts, which is why prudent drafters include severability clauses
Re:100 years of whatever this will be
by maerF0x0 on Thursday December 02, 2021 @05:47PM
(#29423900)
> prudent drafters include severability clauses
yes, but we dont get to draft the law/contract that is marriage -- that's done by law makers. IIRC even a pre/postnup cannot contradict law.
Re:100 years of whatever this will be
by sangnoir on Thursday December 02, 2021 @06:01PM
(#29424085)
No contract can contradict the law, so marriage is not unique there. Employment and purchasing are examples of other contract areas governed by shifting laws, that can be changed without any of the parties renegotiating terms.
Re:100 years of whatever this will be
by kube-system on Thursday December 02, 2021 @05:52PM
(#29423966)
Still, this is not different than other contracts. Negotiability is not an essential element of any other contract. Nor can other contracts contradict law.
The really interesting thing is that marriage is a contract that changes over time (as the government modifies law), without either party re-consenting to the new agreement. It's part of why I will probably never get married, it technically represents infinite risk.