Proposal: Unbundling Marriage into Modular Civil Contracts
Authors: Abdul Haq* and ChatGPT
Date: May 2025
Abstract
This proposal outlines a conceptual framework for unbundling the institution of marriage into discrete legal and social contracts. Traditional marriage binds multiple roles into a single, state-recognized union. However, the modern diversity of human relationships, reproductive technologies, and social needs suggests the value of modular alternatives. We propose decomposing marriage into four principal contract types: Parenting, Cohabitation, Sexual Partnership, and Social Companionship. This framework enhances individual autonomy, clarifies legal responsibilities, and adapts better to contemporary society.
1. Rationale
Historically, marriage functioned as a multi-purpose institution: organizing reproduction, property transfer, sexual exclusivity, and social identity. Today, these functions can and often do occur independently. The law, however, often lags behind, conflating unrelated roles under the single umbrella of “marriage.”
Unbundling marriage addresses the following issues:
- Non-nuclear family structures
- Disconnection between genetics and parenting roles
- Roommate and co-parenting arrangements without romantic involvement
- Diverse expressions of companionship and intimacy
2. Core Contract Types
2.1 Parenting Contracts
Parties: Any combination of genetic contributors, gestational carriers, and caregivers.
State Role: As representative of the species, the State holds ultimate interest in the child’s well-being.
Content:
- Parental rights and duties
- Financial and emotional responsibilities
- Decision-making authority
- Succession and emergency planning
This model allows for multi-parent configurations and formal accountability.
2.2 Cohabitation Agreements
Parties: Two or more individuals sharing a home or communal space.
State Role: Optional registration for conflict resolution or shared benefits.
Content:
- Property division
- Financial responsibilities
- Exit conditions and duration
Sexual or romantic involvement is not assumed or required.
2.3 Sexual Partnership Contracts
Parties: Any consenting individuals engaged in an ongoing intimate relationship.
State Role: Minimal, except in areas such as health disclosure or legal protection.
Content:
- Consent norms
- Exclusivity terms
- Communication expectations
- Renewal or termination clauses
This separates sexual relationships from housing or parenting assumptions.
2.4 Social/Escort Companionship Contracts
Parties: Individuals providing or receiving companionship for specific contexts.
State Role: None unless contractual enforcement is required.
Content:
- Defined social roles (e.g., event partner, familial presence)
- Compensation or barter terms
- Boundaries and disclaimers
This provides formal avenues for navigating social rituals or needs without romantic entanglement.
3. Legal and Social Implications
Unbundling marriage may offer:
- Greater clarity in family law
- Inclusivity for polyamorous, asexual, queer, or platonic configurations
- Reduced legal and emotional confusion during separations
- Tailored civic benefits without requiring full marital union
Potential drawbacks include increased legal complexity, social resistance, and bureaucratic fragmentation. These must be mitigated through public education, streamlined digital contract platforms, and optional bundling schemes.
4. Conclusion
The modern world demands flexible frameworks for human relationships. By breaking marriage into modular, state-supported contracts, we can honor the diversity of personal bonds while ensuring legal accountability, child welfare, and social cohesion. This proposal envisions a world where commitments are made intentionally and transparently, with respect for personal identity and public responsibility.
Version: 1.0
© 2025 Abdul Haq
* Abdul Haq is a pseudonym.
