As my children get closer to the age where they might, some day, marry, I think about some of the objections I hear to marriage from their generation.
One of the objections against marriage these days is that it is "just a piece of paper". A genuinely Christian marriage is more than that. But legally, is there some truth to that charge? Under current law, it seems as though an apartment lease or home mortgage has more legal consequence and binding force than a marriage. Under the marriage laws where I live, if two people are married, one can leave the other for any reason at all -- even if the person being left has done nothing wrong, even if the reason for leaving is to run off with a new romantic interest -- and not only do they face no legal consequences for leaving, but can lay legal claim to half the other person's financial assets. With no-fault divorce, someone can leave a marriage without consequence, possibly even with financial gain, even if the other person has worked to hold up their end of the marriage. When marriage is no longer a vow, and not even legally binding to a large extent, that accusation "just a piece of paper" has some truth to it.
The marriage laws were, in earlier generations, a protection against that kind of injustice rather than an empowerment of it. There was a culture-wide agreement about what a marriage was, how it was built and strengthened, and that there were very few legitimate reasons to leave it. Those agreement were part of the law. In some times and places, the legitimate reasons to leave a marriage were limited to the insanity of the other person, or their unfaithfulness. Some consideration might be given for abandonment (where the other person has moved out). One of the additional reasons considered at various times was physical abuse. There is a lot of difference between that and a no-fault divorce. In a Christian marriage it might be permitted for the innocent party to divorce an adulterer, but it would not be permitted for the adulterer to divorce the innocent party and claim half their financial asset into the bargain. It is understandable that there are people who are skeptical of marriage. And those with financial assets to protect, these days, often have prenuptial agreements in recognition that current marriage laws provide little or no legal protection.
What if there was an agreed prenuptial agreement to strengthen the current marriage agreement into what previous generations would have recognized as a marriage? Would Christians consider signing prenuptial agreements that the marriage was not revocable by divorce except if there had been a violation of the marriage by the other party, with the specific circumstances described such as a diagnosed serious mental illness, adultery, abuse or abandonment? What if there was a provision that, if a court should overthrow the binding nature of the prenuptial agreement or that a divorce should somehow be attained outside of its provisions, that the party in violation of the agreement was, in that act, giving up all claim to the financial assets of the other? What kind of prenuptial agreement would it take for the next generation to be able to have the legal protections on their families that previous generations took for granted?