Well, everyone who gets married is irrationally overoptimistic about the likelihood of divorce.
Also, part of the problem is that nobody knows what divorce law actually says - I'm an American, but I'm not any better informed about divorce law than you are. Studying up on divorce law in preparation for marriage is just not something people do.
Well, everyone who gets married is irrationally overoptimistic about the likelihood of divorce.
Are they? One puzzle is that statistics show divorce to be relatively uncommon, at least for mid-to-upper class folks. So perhaps the moral hazard problem isn't quite as terrible as it looks at first glance, given this institutional framework. Maybe judges don't really ignore pre-nup agreements in many cases; maybe the tradcons are right and "character", "morality" etc. work well enough as a precommitment mechanism. Who knows. Of course the probabilities are still bad enough that reasonable guys arguably should not marry; the question is why they aren't worse.
Dalrock writes an interesting article related to Dr. Helen Smith's book the Marriage Strike. I really have to bump it up on my too rapidly growing reading list. (^_^)