Contract Background

From WeDoMarriage.org - World's First Couple Marriage Contract Wiki

Contents 1 A-B Some Biographical Information 2 C-D Some Relationship History 3 E-F Intention to Marry 4 The Lead-in Paragraph 5 Recitals of Consideration

At the beginning of a contract is a section typically named Background or Introduction. Usually no longer than a single page, the Background provides some information about the parties to the contract, the circumstances that led up to its signing, and the intentions of the parties in creating the contract.

Note that:

• The Contract Background is not a numbered section of the Marriage Contract. This explains why the next section, the Purpose of Contract, is numbered section 1.
• Paragraphs of the Contract Background are denoted by letters (A, B, C ...) rather than numbers.

To help get couples started, the following is sample Contract Background with the following structure:

- A-B Some Biographical Information
- C-D Some Relationship History
- E-F Intention to Marry

A-B Some Biographical Information

This might include details of each spouse-to-be: their personal history, education or training, occupation, and general interests and outlook.

A.

[Romeo] is a native of Verona, Italy, the second of three children, and was educated at local schools. After graduating from the University of Verona with a degree in Computer Science, he worked for four years in the US before returning to Verona to take up his current position as a software engineer with a web development company. [Romeo] is passionate about food and good wine, and there is probably nothing he enjoys more than preparing a gourmet meal for friends.

B.

[Juliet] was born and spent her early years in Fisole near Florence, the elder of two children. In her teens she and her family moved to Milan. There she completed her studies as a music teacher by graduating from the University of Milan. After holding positions at a number of schools in Turin and Rome, she currently teaches at a Verona school. [Juliet] loves the outdoors and enjoys cycling, trekking and skiing, and is a keen gardener.

C-D Some Relationship History

Typically this would include where and when the couple met, how their relationship developed, the activities they undertook together and the general circumstances leading up to the time they both contemplated marriage.

C.

[Romeo] and [Juliet] first met at the marketplace in Verona on 16th June 2008, where they were introduced by mutual friends. From their first encounter each felt an attraction for the other. Over the months that followed their relationship blossomed. They spent many weekends together at Alpine resorts and lakes, and took three holidays, in Greece, Spain and Portugal.

D.

[Romeo] proposed to [Juliet] on 16th June 2008, offering himself as a prospective partner in a lifelong union of shared love and commitment. [Juliet] agreed to consider his proposal. Each, recognising the seriousness and sanctity of the union in proposal, embarked on a journey to deepen their understanding of themselves, each other, their relationship as a couple and their prospective life as a family.

E-F Intention to Marry

An opportunity for the couple to state what marriage means to them, and what they both seek to accomplish by entering into their Marriage Contract.

E.

[Romeo] and [Juliet] over a period of months, explored together: their expectations of the married state; their compatibility of personality, interests and values; their readiness for union in marriage; their views of children and parenting roles; their intentions for sustaining their commitment; and their willingness to express their union of love in a contractual exchange of legally binding commitments.

F.

[Romeo] and [Juliet], having completed to their journey of preparedness, and having revealed in mind, spirit and circumstances, each to the other as much as the other has sought, do now most earnestly seek to create a marriage, form a home and found a family.

The Lead-in Paragraph

The final paragraph of the Background section introduces the main body of the Marriage Contract and states that the couple has agreed to the provisions that follow. The lead-in, as it is called, may consist of a single sentence.

[Romeo] and [Juliet] therefore agree as follows:

Recitals of Consideration

In the past the section now usually called Background was known by a different name – the Recitals of Consideration or just Recitals. Each paragraph began with the word 'Whereas'. However, the trend in modern contracts is away from archaic terms and towards plain English.

The issue of consideration is covered in the Consideration clause of the 3 Good Faith and Fair Dealing section.

 

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