Better Marriage

What Is A Marriage Contract?

A marriage contract is just like any other contract. It is a legal agreement between two people who are either already married or are in the process of. It may also be between two people who plan to marry, in which case, it is known as a pre-nuptial agreement that becomes effective from the date of marriage. A typical agreement would describe the parties to the contract, the purpose of the agreement followed by a list of promises that both make to each other. A pre-nuptial agreement does not come into effect till the date of the marriage but a contract signed after marriage is legally binding with immediate effect. Just like any other contract, a contract of marriage is a legal document only if it is witnessed by at least one person that is one for each of the signatories. A marriage agreement often deals with financial issues like specifying ownership and management of assets and debts during marriage. The rights and responsibilities of both parties to the contract are specified in the event of the marriage breaking up. Couples can agree to anything or everything they deem fit but cannot go out of the law. Depending upon the independent advice that both spouses receive, a marriage agreement is usually fair.

Marriage contracts are legal documents. The court can enforce its provisions should any one of the two tries to ignore what s/he agreed to. In the event no independent advice was sought and the contract is evidently unfair, the court may rule to set it aside. Marriage agreements cannot exclude certain legal obligations imposed by the law.

For example, you cannot agree to remain childless or agree to terminate the marriage after a specific period. In both cases the court will set aside the marriage contract if either spouse tries to enforce it. The court also has the right to review provisions pertaining to care, support and custody of children.

This, however, should not be a reason for you to preclude mutual expectations about child care. Such clauses reflect the reasons why certain decisions were made. If you are not sure see a sample marriage contract to decide which provisions about child custody and and amount of child support you want to include.

Marriage agreements seem to be more prevalent in second marriages especially when there are children. People have become more realistic and do not want to take emotional decisions lest they hurt their offspring. For a better marriage it is good to discuss the provisions of the agreement with your spouse or future spouse before actually going ahead with.

Besides child care a marriage agreement deals mostly with financial issues. Should there be trouble and your spouse goes back on promises you can initiate legal action. The added advantage of a marriage contract is that it helps both to respect each other’s rights so as to avoid quarrels that usually lead to break up of marriages.