Marriage is a private contract yes, but it is insured by the community, because of the consequences of broken families placing a burden via moral hazard on the community. So, a marriage contract consists (under natural law) as partnership (not corporation) constructed by the mutual exchange of powers of attorney limited only by those limitations stated, but insured by the polity, and therefore the law (judiciary), against interference that would cause harm unrestitutable harm to family members. As such interference in a marriage exposes one to liability for (very large) damages. And distribution of fault is determined court if not determined by the parties. There is no community property. The children are not property but the insurer of the children, and the polity from the children like any other domesticated animal. The law can have no position on divorce, other than empirical, which is that immature children are the responsibility of the mother in the event of a divorce. Mature children may decide which to live with if parents accept their responsibility as insurer. Upon maturity (puberty) that decision belongs to the children. But no liability exists in either direction. That means no alimony, no child support. Because marriages are transitory, and while a woman may sell her sex, affection, and caretaking the man must sell his productivity.