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Marriage Contract

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This is the contents page for the Marriage Contract Wiki.

SECTION DESCRIPTION EXHIBIT
Contract Front Matter The first page of the Marriage Contract contains the couple's names and signatures, the Contract's title and the commencement period with which the wedding will be held, which is typically no fewer than 90 and no more than 120 days after the Contract has been agreed and signed.

Contract Title

Contract Agreement Date

By and Between

Commencement Period

Contract Agreement Signatures

Contract Agreement Notarization

Exhibit Set A:
Declaration and Identity and Residence
Contract Background Where did the two partners first meet? How did their love grow and blossom? In the Contract Background the couple outline the story of their relationship, say why they both decided to marry, and express what marriage means to each of them.

Some information about each spouse-to-be, the couple's relationship, and their intentions in creating their Marriage Contract.

Some Biographical Information

Some Relationship History

Intention to Marry

The Lead-in Paragraph

Recitals of Consideration

1 Purpose of Contract Why have the couple decided to design and commit to the Marriage Contract? It's a good idea for the couple to think clearly about what these are, discuss them fully, and then write them down. This is the first numbered section of the Marriage Contract.

1.1 Stating the Main Purpose
1.1.1-1.1.7 More Depth and Detail

2 Scope of Contract Here the couple set out the range of topics and issues that they both intend to cover in their Marriage Contract.
3 Good Faith and Fair Dealing In this section the couple express clearly the concepts and duties and good faith and fair-dealing that form the foundation of the Marriage Contract.

3.1 Intention to Form Legally Binding Relations Under Contract

3.2 Capacity to Contract

3.3 Full Understanding and Opportunity for Reflection

3.4 Exclusivity of Contract

3.5 Privity of Contract

3.6 Status and Relationship of Parties

3.7 Advice of Independent Legal Counsel

3.8 Consideration

3.9 Modifications

3.10 Notices

3.11 Applicable Law

3.12 Absence of Coercion, Duress or other Compulsion

3.13 Waiver

Exhibit Set B:
Certificate of Advice by Counsel
4 Full Disclosure A Marriage Contract needs to be based on open and honest sharing of your values and circumstances.

4.1 Marital Compatibility
4.2 Marital Readiness
4.3 Marital Wellness
4.4 Marital Kinship

4.5 Marital Wealth
Exhibit Set C:
MBTI®Interpretive Report - Form M (B),
MBTI® Interpretive Report - Form Q (B),
Couple Checkup Marital Readiness Inventory Report,
Certificate of Relationship Consultation,
Wellness Inventory Report,
Personal Health Statement,
Physician's Examination Report,
Personal Bio-Chemistry Report,
Certificate of Physician's Consultation,
Family Tree Report,
Genetic Family Report,
Colour Of Money Report,
Net Worth Statement,
Income and Expenses Report
5 Marriage Provisions The Marriage Provisions express the couple's vision of their shared life together and sets out their exchange of legal commitments.

5.1 Offer and Acceptance
5.2 Public Witness and Recognition
5.3 The State as Guarantor of Marital Commitments
5.4 Lasting Power of Attorney for Personal Care
5.5 Sharing of Common Last Name

Exhibit Set D:
Lasting Power of Attorney for Personal Care
Sharing of Common Last Name
6 Marital Home Provisions Buying and owning a home together is probably a priority for every couple considering marriage – it's also one of the most important issues to think about. Your legal position should be clear from the beginning.

6.1: Marital Home

6.2 Sharing of the Marital Home
Exhibit Set E:
Marital Home Transfer Mechanism
7 Financial Provisions Buying and owning a home together is probably a priority for every couple considering marriage – it's also one of the most important issues to think about. Your legal position should be clear from the beginning.

7.1: Marital Wealth Plan
7.2: Personal Property
7.3: Marital Property
7.4: Lasting Power of Attorney for Property
7.5: Wills and Estates

7.6: Voluntary Provision
Exhibit Set F:
Marital Wealth Plan
Wills
8 Kinship Provisions For couples to whom marriage means children, both partners will want to safeguard their futures in the legal commitments they making. This section is where the couple set out how they will parent together the children they create together.

8.1 Marital Kinship

9 Sustainability Provisions Resolving conflicts requires commitment to find solutions, heal, forgive, and move on. In this section you agree that whenever you will fight you will fight fair, and that your goal in any conflict will be to solve the problem – and to love each other better.

9.1 Agreement to Manage and Resolve Conflicts
9.2 Negotiation
9.3 Counselling
9.4 Arbitration
9.5 Continuance of Obligations

10 Dissolution Provisions For the two partners' security and peace of mind, both as a couple and as individuals, and whether as a result of death or other circumstances, it is important to set out what will happen in the event that the contract is dissolved.

10.1 Dissolution of Agreement
10.2 Transitional Provisions on Death
10.3 Transitional Provisions Other Than as a Result of Death

11 General Provisions Whatever their subject or purpose, all contracts have a number of items in common. Lawyers usually refer to these as the 'standard clauses'.
7.1 Entire Agreement
7.2 Severability
7.3 Assignment
7.4 Succession
7.5 Force Majeure
7.6 Headings
12 Ceremony and Notarization In this section the couple set out the procedures for their wedding ceremony. This is moment when the Marriage Contract comes into being. Exhibit Set E:
Certification of Marriage Solemnization
13 Schedule of Exhibits This is an itemised list of all the supporting documentation for the Marriage Contract.

 

Contract Front Matter »

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