Marital Contracts - Research Paper Example

Marital Contracts Many couples get married and expect their marriages to be as simple as the end of a fairy tale. This is not the case as we have seen more and more couples getting separated over small issues that could be handled through marital contracts. Marital contracts have become popular in the protection of both parties interests when it comes to the life of marriage. This is done through intense negotiation between the two in the presence of legal counsel for advising them and ensuring both parties are represented equally. Below is an example of a marital contract that I and my spouse would have drawn up to face the challenges that would befall us once married. is a person of sound judgment and personality and of rightful age. He shall be marrying and this is marital contract is being put in place to honor both their interests. is a person of sound judgment and personality and of rightful age. She shall be marrying and this is marital contract is being put in place to honor both their interests. In the wake of several marital problems faced by numerous couples worldwide, we have decided to have this contract drawn up. We both have lawyers who shall act as both witnesses and legal council during the writing process and the period of marriage. The benefits that are to be experienced are the common and normal obligations of marriage and include, but are not restricted to, the ones that follow: Reciprocated support, including but not restricted to, Financial: Both husband and wife will be working, but if the wife decides to stop, it is the sole duty of the husband to provide for the family. In a case that the husband quits work and the wife is still working, it becomes her sole duty to provide for the family. For the spouse who is not working, he or she is primarily responsible for childcare, housekeeping and cooking. Emotion: Both husband and wife should consider the others feelings and help resolve them if possible. If there is a need for a psychologist, the other spouse should willingly participate in sessions when necessary and ensure the other is getting better. Health: Both husband and wife will ensure that they and their child or children are receiving the proper health care, including going for regular checkups and follow-ups in special cases. It should be their responsibility to ensure the other is healthy. Reciprocated rearing of children: Both parties should take up equal responsibilities in the process of child rearing. This includes the child’s or children’s academic and social life. Reciprocated sexual congress: Both parties are in agreement that each will make an effort to maintain a high level of hygiene and physical fitness so as to remain attractive to the other (Sinha 9). The following are issues that have lead to marital conflicts and misunderstandings and thus shall not be permitted to take place during the time of this marriage: Assault: This in any unwanted physical contact that may be injurious or potentially injurious to a person. This shall not happen to any of the children in the marriage or either of the spouses. A child in the marriage is any child of either of the spouses, any adopted child or a child born from the marriage living under the same roof as the spouses. Adultery: This is any sexual act or conduct that takes place with any one person[s] that are not involved in this agreement unless stated otherwise and is acknowledged by the other spouse or both parents and child in the case of a child.. Abandonment: This includes desertion of the matrimonial home by either spouse or the filing of any document seeking legal separation of the spouses unless agreed upon by both after a period of not less than 18 years after the last child is born. Abortion: This is the act of deliberately ending the life of a child after fertilization by the use of any means, including abortifacient birth control chemicals and devices unless the spouse or child is a victim of rape and both parties have agreed to it. Crime: This is any act that is termed or is known to be illegal. No member of the family shall engage in criminal activity and shall not have any affiliations with criminals. Ejection: This is the act of removal of one party by the other. This is to say that one party shall not put the other outside of the matrimonial home no matter the case. This includes removal of personal belongings from the house, change of locks and the verbal demand of one to leave the house. Habitual drug abuse: Habitual drug abuse, be it legal or illegal, is not permitted. It shall be considered habitual if any one party is seen to a noticeable degree of intoxication for a period of more than 15 days in a month. If any of the above is done habitually willingly and in sound mind having considered the contract, then the act may be grounds for legal separation of the couple with the victim getting custody of the children. If separation is not an option, resolution and reconciliation come into play. They may seek guidance in the following, but not restricted to, ways: Religious leaders Parents from either or both sides Marriage Counselors Legal Counsil Friends and relatives who have experienced the same situation Talking it out amongst them. Divorce may come into effect as a last result with clear and concise evidence being brought up to strengthen ones case (Kurn 5). This shall include violation of the above prohibited acts habitually and one should provide witnesses of the same It is also understood that the following are not prohibited and may not be the basis of seeking a solution under this contract Mental illness of either party, including the children Bankruptcy of either or both spouses In-laws are important in the establishment of good family ties and thus should be involved in the family. This is to say, twice a year we as a family shall visit both sides of the family or shall hold a barbeque in which we shall invite both sides of the family to come and mingle. This is in exemption of holidays during which we shall decide as an extended family where the celebrations will be held (Swihart). We shall also let the children go to sleepovers, parties and get-togethers in which they are invited by either side of the family. We shall not however, live with any in law for a period exceeding 6 months in our own home. We as husband and wife have come to the agreement that we shall have 3 children separated by 3-4 years, after which we will have another child if we mutually agree on it (Sinha 5). Having said that, the role of the children shall include, but not restricted to, the following: Excel in school and co-curricular activities to the best of their abilities Perform chores in and around the house to earn an allowance in which they shall spend as they please but save 30% of the total paid. Shall inform the parents of anything they need and we the parents shall provide as necessary or as deemed fit to the maximum of our ability. The eldest should set an example in behavior and support the younger siblings in the things they do Once of age, they should take care of us the parents and not neglect us but should not put us in retirement homes. In terms of inheritance, if one party is to die, the other is to inherit all financial and material assets and evenly distribute them among the children as per the will. If both parties are to die simultaneously, then all financial and material assets shall be held by the family attorneys until all children are of age upon which the assets shall be equally distributed among them as stipulated by the joint will written by we the parents. The above example has tackled all common areas of conflict and has provided a clear guideline on the relationship that I and my spouse would have. The agreements were reached in mutual understanding and where compromises had to be made they were compensated in later sections such that both our interests were represented equally in the contract. The presence of both lawyers is required (Canadian Bar Association British Columbia 11). Once drawn up, the contract would be signed by both parties and witnesses and finally notarized. Several copies should be made and each spouse and their representative, the lawyer, have a copy of the same. Works Cited Canadian Bar Association British Columbia,. 'Marriage Agreements And Cohabitation Agreements'. N. p., 2013. Web. 22 Apr. 2014.  Kurn, Nancy. 'Prenuptial Agreements & Marriage Contracts'. Institutedfa.com. N. p., 2014. Web. 22 Apr. 2014. Sinha, Divashri. '6 Common Problems Married Couples Face'. iDiva.com. N. p., 2012. Web. 22 Apr. 2014. Swihart, Phillip J. 'In-Law Relationships - Focus On The Family'. Focusonthefamily.com. N. p., 2006. Web. 22 Apr. 2014.  Portlandporcupine.com,. 'Smaplemarriagecontract'. N. p., 2014. Web. 22 Apr. 2014. Read More