A marriage contract template is a simple contract between spouses that defines the eventualities of what would happen in case they get separated in the future. This contract safeguards your future and that of your kids. But, society puts a negative light on the marriage contract.
Table of Contents
- 1 Dispute resolution:
- 2 The importance of a marriage contract:
- 3 The significance of getting into a military contract marriage:
- 4 Why you should have a marriage contract?
- 5 Islamic marriage contract:
- 6 Jewish marriage contract:
- 7 Which major areas should be covered in a marriage contract?
- 8 Conclusion:
- 9 FAQ (Frequently Asked Questions)
- 10 Is marriage considered a contract?
- 11 What are the considerations for the marriage contract?
- 12 What is the difference between a marriage contract and an ordinary contract?
In settling marriage disputes, there are a lot of complexities that arise more often. By having a marriage contract at the beginning of the relationship, these complexities can be avoided. Several marriage disputes have gone on for years without these and have gone on for years.
Hence, to do away with disputes arising, the marriage contract should clearly state that when the agreement fails or when a spouse dies has gone on for years how the value of the properties will be handled. The marriage contract will play the following roles;
- During equalization, from the net family property, include or remove business property or interests.
- In case of spousal support, include or remove business property or interests from the net family property.
- Waive any claim the spouse may have to relevant interests through constructive trust.
- Make one of the parties to sell back any business assets or shares received.
- By either party, stop forceful property/asset transfer or sale.
- At separation, identify the appropriate way of valuing business assets and interests.
- In case, the interpretation of the marriage contract is in dispute, institute a dispute resolution process. You may also like Prenuptial Agreement Forms.
The importance of a marriage contract:
The marriage contract will secure you financially and emotionally in case things do not go according to plan. Most marriages go through a rough patch from time to time despite the best intentions and how much love you have for one another.
In a marriage, a lot of time and effort. Therefore, it is wise for you to ensure that you have something to fall back on if things do not work out. When you invest so much of your time, emotions and resources into the marriage then coming out of an unsuccessful marriage and having to start building your life afresh from zero really hurts.
The significance of getting into a military contract marriage:
Being in the military, is too much difficult for family members that they can deal with. Their loved ones are protecting their country from enemy lines. They are also keeping everyone else safe. The trauma of your loved one is usually intense that there is the possibility they may come home. The families of such people know the pain all too well. You should also check Marital Settlement Agreement Templates.
Hence, there are various benefits in a military marriage contract that are bestowed upon the spouses in the event that their loved ones are serving their country wherever. It is a difficult lifestyle, but there are benefits that the remaining people get to enjoy. The spouses, in some cases, enjoy discounts or cash benefits. Other than the paychecks, significantly subsidized health care and grocery purchases are other benefits that they can avail themselves.
Moreover, by having a military marriage contract, you can get employment opportunities or even educational benefits. You get entitled to these benefits when you marry into the military.
Why you should have a marriage contract?
It’s a fact that there are several social and economic issues attached to marriage but people consider that marriage is just a personal issue. This form is required to prevent spouses from such legal matters. A marriage contract comes in handy when any dispute arises in future. When such disputes arises, this contract helps them in taking the necessary actions. This document outlines the every person’s responsibility in the contract.
Islamic marriage contract:
Celibacy and bachelorship, in the Islamic Community, are practices that referred devastating, un-Islamic and consider as a threat to the Muslim community. Allah made things in pairs. For the sake of reproduction, these pairs are supposed to be together. Nikkah, in Islam, is the key to a healthy relationship. Also, in Islam, Pre-marital relationships are usually forbidden. Marriage is not just a means of gratifying your passions and natural desires from an Islamic point of view. But, the purpose of marriage really run deeper than legal coitus.
Therefore, an Islamic marriage contract is a formal bond among strangers that makes them a husband and wife. It is an essential contract that for the rest of lives most people intend to and actually abide by. There are specific instructions that this contract is supposed to fulfill. You should take marriage seriously all the time as it is a serious matter.
Jewish marriage contract:
The Jewish marriage contract contains information that is usually complements any information that is available in the civil records. The civil records, as a matter of fact, will determine the bride and groom by their family names. While, the Jewish records determine them by their fathers’ names. The main difference between a Jewish marriage contract and a civil marriage contract is that one demonstrates the union and another on the termination of this union.
For a Jewish marriage, there are a number of customs that have to be met. Some are traditional customs while some are religious requirements. The bride and groom have to stand under a chupah during the ceremony. It is the tradition not necessarily a requirement. Another tradition is that the groom is required to break a glass at the end of the ceremony. The marriage have to officiate by a Rabbi and also it isn’t a requirement. For a Jewish marriage, there are only two minimum requirements;
- According to the laws of Moses and the laws of Israel, the groom tells his bride that he takes the bride to be his wife.
- The two Jewish men who are not related witness the recital above.
On the marriage contract, the witnesses have to sign their names. The bride and groom would simply have married themselves. They have two people that witness the marriage has indeed happened.
Additionally, there are two parts in which the Jewish marriage contract is usually available i.e. English and Hebrew. The Hebrew bit is mandatory while the English is optional. English would be substituted for whichever language in case the marriage was taking place in a country where English is not spoken. You may also see Relationship Contract & Agreement Templates.
Which major areas should be covered in a marriage contract?
These areas should be covered in this agreement;
Assets and debts
Any assets or debts that are taken to the marriage should be described in the contract. The agreement become invalid in case one of the spouse disclose all assets and financial information to the other party. For this reason, spouses have to disclose all assets and financial details. It depends on the spouses whether to write these details separately to the agreement or attached to the agreement as schedule 1 or 2.
You have to outline in the agreement shared property is subject to division. For instance, you and your spouse may decide that the property you acquired separately before marriage will also remain separate after the marriage.
In case, you and your spouse after marriage are deciding to buy a new home together then specify the matters relevant to the matrimonial home in the agreement. These details may include payment of expenses relevant to the maintenance of the marital residence, shared living expenses responsibilities, and more. It’s up to the couple how they maintain their finances together whether they make a separate bank account or keep a joint bank account that they both contribute to.
If this is the second marriage of both spouses and either one of the spouse then indicate a number of children from a prior marriage. In this section, they have to explain in detail how they support each other children from a prior relationship. There is no any obligation to continue that support if the marriage end.
Specify in the agreement that whether or not spouse will pay spousal support in case they get divorced in the future. For a spouse who make less money, spousal support is given to him or her. By using a marriage contract, spousal support should be planned and described a head of time in case couples know who will not be working or will be making less money.
In conclusion, a marriage contract template stipulates what happens when the marriage comes to an end due to some reason. This contract is about planning ahead. This is a binding contract between both parties and they intend to honor it to the end.
FAQ (Frequently Asked Questions)
Is marriage considered a contract?
Yes, it can be. So, every contract has some requirements to follow and if you consider your marriage as a contract then you must fulfill the requirements of your marriage.
What are the considerations for the marriage contract?
On a legal consideration, a promise to marry must be based. One person’s promise is basically sufficient consideration for the promise of the other party. Make sure that promise to marry never be based on illegal or immoral consideration.
What is the difference between a marriage contract and an ordinary contract?
An ordinary contract outlines the specific duties and responsibilities that are imposed on the parties by law. On the other hand, a marriage contract is additional rights and duties that provides protection to both spouses to marriage.