because the bureaucracy also cares that the contract is valid.
There are probably all kinds of tricks you could pull by being married for a bit, then declaring the marriage false all along, but not going through the official divorce process.
A contract is between parties. The governments role is to arbitrate in the case of disputes not to help craft the original document and ensure understanding.
Isn't this a case of "an ounce of prevention is worth a pound of cure"?
Requiring both parties to prove they understand the contract is probably more cost-effective in terms of, well, cost - and time - than it is to actually go on to litigate things.
Perhaps, but it's simply not the way things have been done. For example, I cannot imagine a legal infrastructure that would allow people to understand Terms Of Service. And that is with everyone using their own language.
There are probably all kinds of tricks you could pull by being married for a bit, then declaring the marriage false all along, but not going through the official divorce process.