The difficulty in enforcing prenups is partly the problem here, yes.
Let's say you like the marriage rules pre-1970 (no no-fault divorce). You can't write up a prenup that resembles that and have it be enforced by the government (reject applications for divorce and applications to marry someone else).
More options and freedom weren't added when each state adopted no-fault divorce. One option was taken away (pre-1970 marriage contracts) and another was picked (no-fault divorce).
Someone might not like with pre-1970 marriage contracts, but who are they to judge someone else's culture and preferences?
Let's say you like the marriage rules pre-1970 (no no-fault divorce). You can't write up a prenup that resembles that and have it be enforced by the government (reject applications for divorce and applications to marry someone else).
More options and freedom weren't added when each state adopted no-fault divorce. One option was taken away (pre-1970 marriage contracts) and another was picked (no-fault divorce).
Someone might not like with pre-1970 marriage contracts, but who are they to judge someone else's culture and preferences?