Marriage Is Easy. Divorce Isn’t. Get a Marriage Agreement.

It’s pretty easy to get married. All you need is a license, and when I was practicing, it cost about $100. Some people have fancy weddings, which take real planning and money, but that’s a choice. Nobody’s forcing you into a big production.

You don’t get the same choice with divorce. It only takes one person deciding they want out. Marriage needs both people to say “I do.” Divorce just needs one person to file. If the other spouse doesn’t respond, it goes to court, and a judge decides for you. Courts don’t always make good calls for families, so I’d always recommend working things out with your soon-to-be ex before it gets there. Court was expensive too, roughly five thousand dollars a day back when I was seeing clients through it, and that’s before the cost of preparing to get there in the first place.

A desk-order divorce, doing all your own paperwork, was cheaper, around eighty dollars. But it was rarely realistic to actually do it all yourself. The real sticking point was always the Separation Agreement. Mine ran a hundred and forty-nine pages, every one of them describing something contentious, except the two signature pages. A hundred and forty-seven pages of contention took us a year to work through and felt like a full-time job. I used to call ours “the Beast.”

Here’s a start on what has to go into an agreement like that in British Columbia.

You have to agree on the date your relationship started. You’d think that would be simple. It rarely was. I saw clients argue over it constantly, sometimes over surprisingly small technicalities, like whether staying at a partner’s place regularly while keeping a different mailing address still counted as living together. The date matters because it can shift the financial outcome for either person, so it was rarely neutral.

Agreeing when the relationship ended was often even harder. Some people felt it had been over for years. Others still couldn’t quite believe it was ending. Again, the date carried real financial weight.

Then there’s parenting, time and money both, which usually ate up the most time of anything, especially when one parent had been the primary caregiver and the two of them had to rebuild enough trust to share parenting equally going forward. There was a lot to learn too. Most people don’t know, for instance, that a fifty-fifty parenting split doesn’t always mean no child support changes hands.

Then come the assets and debts. People often discovered assets they didn’t know existed, and even more often, debt one spouse hadn’t told the other about. Sorting that out took time and trust that usually wasn’t in great supply by that point.

A Separation Agreement, in the end, is a document that maps out every piece of your future life, negotiated with someone you probably don’t like very much right now. It takes time and enormous emotional energy, and it’s usually built during one of the darker periods of a person’s life.

So.

Wouldn’t it make more sense to build that kind of agreement before the wedding, while everyone’s still happy? It seems a little absurd that our system lets anyone get married on the strength of a hundred-dollar license bought online in a moment of blind optimism, while divorce comes wrapped in rules, requirements, and a court system that’ll make you comply if you won’t agree.

What if the agreement got made in that early, hopeful stage instead?

It might save a marriage, or save someone from marrying the wrong person to begin with. It would almost certainly make the divorce easier, if one ever came. Ask anyone who’s been through it. Divorced people are usually the first to say they wish they’d had one. Which is, of course, preaching to the converted.

How do you reach the people who haven’t gotten there yet? The happy, blissful, about-to-be-married ones?

I don’t know. I only ever saw the aftermath of the people who didn’t have one. Maybe you have a better idea.