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I don't think that's a legitimate concern. With something like LegalZoom.com you'd have no trouble getting standardized documents set up for every state.

I'd suggest that marriages might be more durable if they were established through a contract. It's rare for a court to override a binding contract, so a party who signs the contract would have the expectation that it isn't easy to get out of it.

What's pathetic about the government's involvement in the institution of marriage is that the government has managed to foul it up so badly. A marriage "contract" is the only contract under the law today that can be regularly breached with the consent of only one party -- and with the full complicity of the legal system. If real estate contracts (for example) functioned this way, a property title would be worthless.