Marriage Provisions
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This is the section of the Marriage Contract in which the couple marry each other; this is where they offer and accept each other as husband and wife.
A so-called 'offer and acceptance' clause is an essential part of any contract. Offer and acceptance identifies the contract's moment of formation when the parties are of one mind as expressed by their willingness to enter into an agreement on clearly-stated terms without further negotiations.
Note that these are not the 'wedding vows'. Couples are free to devise their own vows as part of their marriage ceremony.
Note that this is the fifth numbered section, Section 5, of the Marriage Contract.
5.1 Offer and Acceptance
A so-called 'offer and acceptance' clause is an essential part of any contract. Offer and acceptance identifies the contract's moment of formation when the parties are of one mind as expressed by their willingness to enter into an agreement on clearly-stated terms without further negotiations.
| 5.1 | In this Agreement, created lovingly, considered carefully and embraced freely, [Romeo] and [Juliet] do offer and accept each other as husband and wife. |
5.2 Public Witness and Recognition
A marriage is an agreement between a couple. But it is also, in an important sense, an agreement between a couple and others - their families, friends and the wider society. In this clause the couple invite others to give recognition to their union.
| 5.2 | In this Agreement, constituted by them as a couple and celebrated by them publicly, [Romeo] and [Juliet] do invite recognition of their mutual and loving commitments from their families, friends and the wider community. |
5.3 The State as Guarantor of Marital Commitments
A contract is an exchange of commitments that are enforceable in law. Who enforces the commitments? Answer: the state in which the Marriage Contract is agreed and executed. In this clause the couple invite the state, should it ever be necessary, to hold each and both of them to their commitments.
| 5.3 | In this Agreement, with its binding exchange of rights and obligations, [Romeo] and [Juliet] do empower the state of [Ireland] to act as supreme guarantor, in spirit and in law, of their couple-created, mutually-exchanged and publicly-celebrated rights and obligations. |
5.4 Lasting Power of Attorney for Personal Care
What if one spouse is involved in a serious accident that leaves him or her in a coma? Or is disabled by a stroke? Who will make decisions about his or her personal and health care?
A document named Lasting Power of Attorney for Personal Care enables each spouse to name the person who will have authority to make decisions about their health and personal care if they are unable to decide for themselves. Note that the word 'attorney' not mean that the person appointed must be a lawyer. The 'attorney' can be anyone each spouse chooses.
| 5.4.1 | [Romeo] and [Juliet] agree that, in caring for each other and as an expression of trust, in the event that either becomes legally incapacitated, the other shall act as their Lasting Power of Attorney for Personal Care. |
| 5.4.2 | [Romeo] and [Juliet] have completed the relevant Lasting Power of Attorney for Personal Care documentation, copies of which are attached to this Agreement as part of Exhibit Set D. |
5.5 Sharing of Common Last Name
Couples may wish to share a common surname following their marriage. Here is a sample set of two clauses stating this intention and recording that the necessary paperwork has been completed.
| 5.5.1 | [Romeo] and [Juliet] agree that, following the execution of this Agreement, they shall share in common the surname of [Montague]. |
| 5.4.2 | [Romeo] and [Juliet] state that the relevant documentation regarding the change of last name has been completed, copies of which are attached to this Agreement as part of Exhibit Set D. |
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