I addressed how infidelity sometimes results in monetary gain for one party through a misrepresentation of facts above.
I do agree with you, though, that not every couple will want to be bound by the same rules (or perhaps any at all).
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Sorry, I separated the two issues for clarity, but again, breach of contract is breach of contract. I do consider someone misrepresenting facts to get married and extract monetary gain to be fraud. But, I do believe that the practical will be more important than the philosophical in an actual free society.
Free individuals will be able to engage in all sorts of contracts, some of which other free individuals may find abhorrent. Also, a free society will be a very diffuse society, so I can easily imagine some groups tolerating certain kinds of fraud.
Agree 100%