WeDo Marriage Contract Template

Download as pdf or txt
Download as pdf or txt
You are on page 1of 19

WeDoMarriage.com Version 1.

Contract of Marriage
THIS AGREEMENT (referred to as ‘Agreement’), consisting of pages and attached Exhibits, is
made and entered into by the two Parties below.

(Please use BLOCK CAPITALS)

On this ______ day of ________________ 20____

By and Between

First name: First name:

Middle name: Middle name:

Last name: Last name:

WHO have each completed and attached Certificates of Identity and Residence in Exhibit Set A.

Commencement of Agreement
The Parties intend that this Agreement shall take effect:
– No fewer than _____ and no more than _____ days after its signing and notarization, and
– At the signing and notarization of the Certificate of Solemnization attached as Exhibit C.
WeDoMarriage.com Version 1.0

1: Purpose
1.1 For the reasons set out below, and to achieve the benefits arising therefrom,
[Romeo] and [Juliet] resolve to bring into being, as a foundation to their relationship
of mutual love and affection, the legally-binding exchange of rights and
responsibilities contained in this Agreement:

1.1.1 the CONTEMPLATION of their prospective Agreement focused the minds and spirits
of [Romeo] and [Juliet] on the seriousness and sanctity of marriage, each recognising
that it is to be considered and entered into only with sureness of vision, seriousness
of intent and certainty of purpose.

1.1.2 the SHARING, through open and honest disclosure, of their individual natures,
values and circumstances provided [Romeo] and [Juliet] with the opportunity to
deepen their knowledge and understanding of themselves, of each other, and of their
relationship, as it has developed in the past, as it stands currently and as they
foresee it blossoming into the future.

1.1.3 the NEGOTIATION of mutual rights and responsibilities, as undertaken by [Romeo]


and [Juliet] in creating their Agreement, provided the opportunity to discover and
value each's empathetic capacity to appreciate the other's background, priorities and
aspirations, and to see the world as each other sees it.

1.1.4 the PROVISIONS of their Agreement, created jointly, negotiated fairly and entered
into freely, provide [Romeo] and [Juliet] with clarity of life purpose and provide a
legally secure repository for their shared goals and dreams.

1.1.5 the PROTECTION provided by the Agreement enables [Romeo] and [Juliet] to guard
their relationship, in all its aspects and circumstances, from interference by other
persons, entities, including the State and agencies of the State.

1.1.6 the EXECUTION of the Agreement at their intended wedding provides [Romeo] and
[Juliet] with the occasion to make a public declaration of their committed union and to
invite, from the families or origin, friends and the wider community, recognition and
blessing for the life they plan together.

1.1.7 the SUSTAINING of their Agreement into the future presents [Romeo] and [Juliet]
with the challenge to nurture further their love for one another, their commitment to
one another, and their dedication to a well-lived life – a challenge both [Romeo] and
[Juliet] now embrace.

2: Scope
WeDoMarriage.com Version 1.0

3: Good Faith and Fair Dealing


3.1 Intention to Form Legally Binding Relations Under Contract
3.1.1 [Romeo] and [Juliet] acknowledge that this Agreement contains legal, valid and
binding terms and provisions, and that it is their clear intention to create legal
relations with one other that are enforceable in courts of law.

3.2 Capacity to Contract


3.2.1 [Romeo] and [Juliet] declare that each has the capacity to execute this Agreement,
and that neither is in any way impaired from so doing by reason of immaturity of age,
character or judgement, physical or mental limitation, or any impairment of reasoning
or perception arising from the consumption of intoxicating substances or use of
medication.

3.3 Full Understanding and Opportunity for Reflection


3.3.1 [Romeo] and [Juliet] declare that each has had adequate opportunity to read, study
and consider this Agreement and its attached Exhibits, that each fully understands all
that they contain, and that each is aware of their legal rights and obligations under
this Agreement.

3.4 Exclusivity of Contract


3.4.1 [Romeo] and [Juliet] declare that neither is currently party to any other contract which
contains terms and provisions that might impede or limit their performance of any
obligation under this Agreement.
3.4.2 For as long as this Agreement shall remain in effect, [Romeo] and [Juliet] waive the
right to negotiate with and enter into contracts with others that contemplate the same
or similar Purpose and encompass the same or similar Scope as this Agreement.

3.5 Privity of Contract


3.5.1 [Romeo] and [Juliet] declare themselves to be the only parties to this Agreement.
3.5.2 With the exception of any successees or assignees designated in the Agreement, no
other person or entity may claim rights or benefits under this Agreement.

3.6 Status and Relationship of Parties


3.6.1 [Romeo] and [Juliet] declare that, on entering into this Agreement, they do not grant
any new or special rights or powers to the state with regard to their persons,
residential or other property, or income.
3.6.2 For the avoidance of doubt, [Romeo] and [Juliet] declare that, while they welcome
recognition of their legally-binding marriage contract from their families, friends and
the wider community, they expressly do not seek any alteration of their marital status
from the state, whether by operation of common law or any application of any statute.
WeDoMarriage.com Version 1.0

3.7 Advice of Independent Legal Counsel


3.7.1 [Romeo] and [Juliet] declare that each has received independent legal advice with
respect to the advisability of making the compromise and settlement provided for,
and with respect to the advisability of executing this Agreement.

3.8 Consideration
3.8.1 [Romeo] and [Juliet] declare that consideration for this Agreement consists solely of
the mutual provisions contained in it. This Agreement fully contemplates and
compensates any and all services provided by either party for the benefit of the other
during the lifetime of this Agreement.
3.8.2 The furnishing of sexual services shall in no way be construed as consideration for
this Agreement.

3.9: Modifications
3.9.1 [Romeo] and [Juliet] declare that their Agreement may be modified only with the
written and freely given consent of both parties, and only in accordance with the
procedures set out in the Sustainability Provisions.

3.10: Notices
3.10.1 Any notice or consent required or permitted to be given under this Agreement shall
be conveyed to the respective party in writing, by registered mail or by other method
of recorded delivery at the address or to such other person that the relevant party
may from time to time designate.

3.11: Applicable Law


3.11.1 [Romeo] and [Juliet] declare that this Agreement shall be governed by the laws of
[Ireland], and that any litigation regarding this Agreement shall be filed in such courts
of Ireland that have jurisdiction over contract law.

3.12: Absence of Coercion, Duress or other Compulsion


3.12.1 [Romeo] and [Juliet] each declare that they enter into and execute the Agreement
freely and voluntarily, on the basis of their own good judgement and the counsel of
independent legal advisors, and without coercion, duress, undue influence or other
form or degree of pressure, compulsion or intimidation.

3.13: Waiver
3.13.1 [Romeo] and [Juliet] warrant that neither shall seek to challenge the validity of their
Agreement on any one or more of the following grounds: absence of intention to
contract; incapacity to contract; ignorance or lack of understanding of the Agreement;
or involuntary consent to the Agreement.
WeDoMarriage.com Version 1.0

4: Full Disclosure
4.1: Marital Compatibility
4.1.1 [Romeo] and [Juliet] recognise that an understanding of self, as it is formed by nature
and shaped by circumstances, is the foundation to the understanding of others.
4.1.2 [Romeo] and [Juliet] have each sought, over time and in depth, to discover what in
life and love that brings them most joy and fulfilment, and to identify the ways of living
and loving that best enables each to maximise their personal gifts as spouse, parent
and citizen.
4.1.3 [Romeo] and [Juliet], aided by insights from the Myers-Briggs Type Inventory (MBTI),
have each sought to discover the nature and extent of their personality preferences,
and to explore and develop their self-awareness and self-understanding as regards
their innate approaches to and outlook on life and love.
4.1.4 [Romeo] and [Juliet], again through the MBTI, have each worked to understand, both
in everyday circumstances and in times of challenge, where they source their life
energy and focus their attention, how they take in information, how they relate to the
outer world and others around them, and how they set priorities, form opinions and
make decisions.
4.1.5 [Romeo] and [Juliet], again through the MBTI, have sought to understand how their
personality preferences affect their interactions as a couple. They have done so not
merely to minimise occasions of miscommunication and misunderstanding, but also
to understand and value each other's gifts, learn how to give and receive
appreciation and love, and discover, as they advance through successive life stages,
how each can best contribute to the personal growth and development of the other.
4.1.6 [Romeo] and [Juliet] have each completed the online MBTI® Complete process and
obtained their results in a personalised Interpretive Report - Form M (B), copies of
which are attached to this Agreement as part of Exhibit Set C.
4.1.7 [Romeo] and [Juliet], in consultation with a certified MBTI practitioner, have each
additionally obtained a personalised Interpretive Report - Form Q (B), copies of which
are attached to this Agreement as part of Exhibit Set C.

4.2 Marital Readiness


4.2.1 [Romeo] and [Juliet] recognise the seriousness and sanctity of marriage, a contract
to considered and entered into only with sureness of vision, seriousness of intent and
certainty of purpose.
4.2.2 [Romeo] and [Juliet] have each sought, over time and in depth, to deepen their
knowledge and understanding of themselves, of each other, and of their relationship,
as it has developed in the past, as it stands currently and as they foresee it
blossoming into the future.
4.2.3 [Romeo] and [Juliet], aided by insights from the Couple Checkup Marital Readiness
Inventory, have sought to discover where they stand with regard to issues that are
vital in a committed relationship, to appreciate and affirm the positives that make their
relationship loving, nurturing and special, to identify all issues that effect how their
WeDoMarriage.com Version 1.0

relationship can thrive and grow, and to express and share their deepest
expectations of their future together.
4.2.4 [Romeo] and [Juliet], have each completed the online Couple Checkup process and
obtained their results in a personalised Couple Checkup Feedback Report, a copy of
which are attached to this Agreement as part of Exhibit Set C.
4.2.5 [Romeo] and [Juliet], in a dialogue facilitated by a certified relationship professional,
have each additionally explored and shared all issues arising from their engagement
with the Couple Checkup process. A copy of the professional's report is attached to
this Agreement as part of Exhibit Set C.

4.3: Marital Wellness


4.3.1 [Romeo] and [Juliet] have each completed the online Wellness Inventory and
obtained their personalised reports, copies which are attached to this Agreement as
part of Exhibit Set C.
4.3.2 [Romeo] and [Juliet] in consultation with a licensed physician, have each completed a
Personal Health Statement, copies which are attached to this Agreement as part of
Exhibit Set C.
4.3.3 [Romeo] and [Juliet], in cooperation with a licensed physician, have each completed
a Physician's Examination Report, copies which are attached to this Agreement as
part of Exhibit Set C.
4.3.4 [Romeo] and [Juliet], in cooperation with a licensed physician, have each completed
a Personal Bio-Chemistry Report, copies which are attached to this Agreement as
part of Exhibit Set C.
4.3.6 [Romeo] and [Juliet], have informed each other of any known genetic condition or
medically determinable risk in their DNA profile that their potential children may be
subject to as a result their combining of genes.

4.4: Marital Kinship


4.4.1 [Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their
forebears in them, have each researched and documented their family tree, copies of
which are attached to this Agreement as part of Exhibit Set C.
4.4.2 [Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their
forebears in them, have researched and documented their DNA heritage, copies of
which are attached to this Agreement as part of Exhibit Set C.

4.5: Marital Wealth


4.5.1 [Romeo] and [Juliet] have reflected on and shared their financial values and
aspirations.
4.5.2 [Romeo] and [Juliet] have each completed the Colour of Money Questionnaire,
copies which are attached to this Agreement as part of Exhibit Set C.
WeDoMarriage.com Version 1.0

4.5.3 [Romeo] and [Juliet] have each fully and completely disclosed to each other their
current financial position as documented in their respective Net Worth Statements,
copies which are attached to this Agreement as part of Exhibit Set C.
4.5.4 [Romeo] and [Juliet] have each fully and completely disclosed to each other their
incomes and expenditures for the period of three years prior the date of this
Agreement. Copies of their respective statements are attached to this Agreement as
part of Exhibit Set C.
WeDoMarriage.com Version 1.0

5: Marriage Provisions
5.1 Offer and Acceptance
5.1.1. 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


5.2.1. 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


5.3.1. 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


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


5.5.1 [Romeo] and [Juliet] agree that, following the execution of this Agreement, they shall
share in common the surname of [Montague].
5.5.2 [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.
WeDoMarriage.com Version 1.0

6: Marital Home Provisions


6.1: Marital Home
6.1.1. In this Agreement the term 'marital home' means a dwelling, caravan, houseboat or
other structure in which the couple ordinarily reside following the execution of the
Agreement and for the lifetime of the Agreement, and includes any garden or other
grounds or building usually occupied with, or otherwise required for the amenity or
convenience of, the dwelling, caravan, houseboat or other structure.
6.1.2 For the avoidance of doubt it is stated that the term 'Marital Home' in this Agreement
does not mean 'family home' or other expression given to describe any dwelling over
which the State has power to determine occupancy or ownership.

6.2 Sharing of the Marital Home


6.2.1 [Romeo] and [Juliet] acknowledge each other's material interest in their Marital Home
and have therefore agreed the following provisions in relation the ownership of their
Marital Home.
6.2.2 [Romeo] and [Juliet] agree to hold beneficial interest in the Marital Home as 'Tenants
in Common'.
6.2.3 [Romeo] and [Juliet] agree, as of the date of execution of this Agreement, to own and
retain personal shares in the Marital Home in accordance with the Marital Home
Sharing Schedule attached to this Agreement as part of Exhibit Set D.
WeDoMarriage.com Version 1.0

7: Wealth Provisions
7.1: Marital Wealth Plan
7.1.1 [Romeo] and [Juliet], having consulted with a Qualified Financial Advisor, have
agreed joint financial goals that reflect their shared values and aspirations.
7.1.2 [Romeo] and [Juliet], to give effect to their joint financial goals, have created and
agreed a Marital Wealth Plan, a copy of which is attached to this Agreement as part
of Exhibit Set D.

7.2: Personal Property


7.2.1 [Romeo] and [Juliet] agree that all property, including all assets, belonging to each
party prior to the execution of this Agreement, whether by inheritance, gift, purchase
or otherwise, shall remain their personal property, and that any debts shall remain
their personal liabilities.
7.2.2 [Romeo] and [Juliet] agree that, following the execution of this Agreement, they each
remain separately and personally liable for any current and future debts incurred in
his or her sole name.
7.2.3 [Romeo] and [Juliet] agree that, following the execution of this Agreement, all
property acquired by each party by way of gift or inheritance shall remain their
personal properties, and shall not be subject to any claim by the other party under
any circumstances whatsoever.
7.2.4 [Romeo] and [Juliet] agree that, following the execution of this Agreement, each shall
continue to have at all times full control of his or her personal property, and shall
have full rights and authority to sell, lease or mortgage or otherwise dispose of such
property and receive all income, rent and profits derived from such property without
any restriction and without any interference.

7.3: Marital Property


7.3.1 [Romeo] and [Juliet] agree that, other than personal property defined above, all
property and other wealth created or acquired following the execution of this
Agreement shall, in the absence of a reasonable demonstration of personal
ownership, be deemed marital property belonging to both spouses.
7.3.2 [Romeo] and [Juliet] agree that all property and other wealth created or acquired
throughout their marriage, where it is valued at €5,000 or less, shall be owned jointly
by them in equal shares.
7.3.3 [Romeo] and [Juliet] agree that all property and other wealth created or acquired
throughout their marriage, where it is valued in excess of €5,000, shall be owned
jointly by them in accordance with their relative contributions.
7.3.4 [Romeo] and [Juliet] agree to set up and maintain a bank account in their joint names
(the 'Joint Account') for the purpose of meeting everyday expenses necessary for the
upkeep of their marital home.
7.3.5 [Romeo] and [Juliet] agree that the 'Joint Account' and any interest credited to it shall
belong to [Romeo] and [Juliet] in equal shares.
WeDoMarriage.com Version 1.0

7.5: Wills and Estates


7.5.1 [Romeo] and [Juliet] have each made a will, copies of which are attached to this
Agreement as part of Exhibit Set D.

7.6: Voluntary Provision


7.6.1 [Romeo] and [Juliet] agree that nothing in this Agreement shall preclude either party
from making voluntary gifts to the other or from making voluntary provision for the
other, whether by Will, trust or otherwise.
7.6.2 [Romeo] and [Juliet] agree that any such voluntary provision shall not be construed
as varying the terms of this Agreement nor as evidence that there is or was any
agreement between the parties otherwise than is specifically contained in this
Agreement.
WeDoMarriage.com Version 1.0

8: Kinship Provisions
8.1 [Romeo] and [Juliet] recognise that their Agreement, made in the present, is also a
promise kept with the past and a promise made to the future; in committing ourselves
to each we honour the sacrifices of the generations who came before us; and to the
generations who come after us we undertake our best efforts that you will remember
our good example of loving commitments made today and honoured on all the days
that follow.
8.2 [Romeo] and [Juliet] agree to appreciate, for ourselves and our future child/ren, each
other's extended family, and particularly the grandparents of our future child/ren, and
we will endeavour to uphold and honour their relationships at all times into the future.
8.3 [Romeo] and [Juliet] agree that we will each accord the other equal status in the lives
of our future children.
8.4 [Romeo] and [Juliet] agree that each of us carries equal responsibility to provide
financially for children of our marriage.
8.5 [Romeo] and [Juliet] agree that each of us carries equal responsibility to nurture the
children of our marriage.
8.6 [Romeo] and [Juliet] recognise that, in providing for a marital home, we may arrange
the distribution of responsibilities over time and specialise in certain roles for our
family's optimum benefit.
8.7 [Romeo] and [Juliet], valuing each other’s complimentary roles as father and mother,
agree that any specialisation of roles, whether as provider or nurturer, shall not
establish any legal primacy with regard to either provision or parenting.
8.8 [Romeo] and [Juliet] recognise the right of our future children to security of identity
and certainty of lineage, and therewith to the love, care, attention, nurturance and
companionship of a natural mother and a natural father, and that such a right is
independent of and separate from the relationship between us, the children's
parents.
8.9 To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven
days after the birth of any future child, he or she shall be welcomed into our family
tree by the administration of a genetic profile.
8.10 To give further effect to the above, [Romeo] and [Juliet] agree that, no more than
seven days after the birth of any future child, we will register both our names on the
child's Birth Certificate, so that he or she will benefit from the legal security of having
both natural parents so documented.
8.11 [Romeo] and [Juliet] agree that we each will be joint legal guardians of our future
children.
8.12 To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven
days after the birth of any future child, agree to complete and register a Statutory
Instrument No. 5, so that he or she will benefit from the legal security of having both
natural parents as legal guardians.
8.13 [Romeo] and [Juliet] agree that we each will be joint legal custodians of our future
children.
WeDoMarriage.com Version 1.0

8.14 To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven
days after the birth of any future child, we will submit a motion to the appropriate
court, so that he or she will benefit from the legal security of having both natural
parents as joint legal custodians with shared legal and physical day-to-day care.
WeDoMarriage.com Version 1.0

9: Sustainability Provisions
9.1: Agreement to Manage and Resolve Conflicts
9.1.1 [Romeo] and [Juliet] agree to manage and resolve conflicts in a way that protects the
values and aspirations of this Agreement.
9.1.2 [Romeo] and [Juliet] agree to manage and resolve any future dispute arising out of or
relating to any past or future agreement between them (the “Dispute”) in accordance
with the procedures specified in 9.2 (Negotiation), 9.3 (Counselling), 9.4 (Arbitration)
below.
9.1.3 [Romeo] and [Juliet] agree to fight fair in any dispute which may rise in our marriage.
Our goal in any conflict is win - win, to solve the problem and love each other better.
9.1.4 [Romeo] and [Juliet] agree not to use threatening behavior, physical or psychological
violence, swearing or sarcasm when dealing with conflict between us.
9.1.5 [Romeo] and [Juliet] agree not to use the 'threat of divorce' or threaten to leave or
remove children from the matrimonial home when dealing with issues of conflict.
9.1.6 [Romeo] and [Juliet] agree not to use sulking or guilt to manipulate each other when
dealing with issues of conflict.
9.1.7 [Romeo] and [Juliet] agree not to use parental alienation or use our children as
pawns to manipulate each other or in an attempt to gain legal advantages when
dealing with issues of conflict.
9.1.8 [Romeo] and [Juliet] agree, where crimes against the person have been committed
that they will insist with the Gardai that prosecution of such crimes be instigated
under Criminal Law (which requires a higher burden of proof:- "beyond reasonable
doubt") rather than Family Law (which requires a lower standard of proof:- "balance
of probability").
9.1.9 [Romeo] and [Juliet] agree to refresh ourselves of, and keep to hand, a copy of our
conflict resolution procedures before, or during at the behest of either one of us, any
Negotiation dealing with issues of conflict.

9.2 Negotiation
9.2.1 [Romeo] and [Juliet] agree to negotiate within the guidelines outlined in 6.1.1 to 6.1.9
above.
9.2.2 If the dispute has not been resolved by negotiation within [30] days , or if the parties
have failed to confer within [30] days , [Romeo] and [Juliet] agree they will endeavor
to settle the dispute by counselling. Unless otherwise agreed, [Romeo] and [Juliet]
will select a counsellor from a recognized counselling body.

9.3 Counselling
9.3.1 If Counselling fails to produce a resolution, [Romeo] or [Juliet] shall give the other
party written notice of the Dispute. Within [10] days after delivery of the notice, the
receiving party shall submit to the other a written response. Thereafter, [Romeo] and
[Juliet] shall confer in person promptly to attempt to resolve the dispute. All
WeDoMarriage.com Version 1.0

reasonable requests for information made by one party to the other will be honored. If
the dispute still remains unresolved, [Romeo] and [Juliet] agree to proceed to
Arbitration.

9.4 Arbitration
9.4.1 If the dispute has not been resolved by counselling as provided herein within [90]
days of the initiation of such procedure, it shall be settled by binding arbitration The
arbitration shall be governed by the [relevant laws in jurisdiction] and judgment upon
the award rendered by the arbitrator(s) may be entered by any court having
jurisdiction thereof. Unless otherwise agreed, [Romeo] and [Juliet] will select an
Arbitrator from a recognized Arbitration body.
WeDoMarriage.com Version 1.0

10: General Provisions


10.1: Entire Agreement
10.1.1 [Romeo] and [Juliet] agree to manage and resolve conflicts in a way that protects the
values and aspirations of this Agreement.
10.1.2 [Romeo] and [Juliet] agree to agree to manage and resolve any future dispute arising
out of or relating to any past or future agreement between them (the “Dispute”) in
accordance with the procedures specified herein below;
10.1.3 No other agreements, representations, understandings, communications and
proposals, whether electronic, oral, or written, between [Romeo] and [Juliet] shall be
deemed a part of this Agreement.

10.1.1 [Romeo] and [Juliet] intend this Agreement, including its referenced Exhibits, to
constitute the entire agreement between them with respect to the matters
contemplated in its Purpose and embraced by its Scope.
10.1.2 [Romeo] and [Juliet] intend this Agreement to supersede all prior or
contemporaneous agreements, representations, understandings, communications
and proposals, whether electronic, oral, or written, between them.
10.1.3 No other agreements, representations, understandings, communications and
proposals, whether electronic, oral, or written, between [Romeo] and [Juliet] shall be
deemed a part of this Agreement.
10.1.4 [Romeo] and [Juliet] acknowledge and agree that in entering into this Agreement,
and the documents referred to in it, he or she does not rely on, and shall have no
remedy in respect of, any statement, representation, warranty or understanding of
any person (whether a party to this Agreement or not) other than as expressly set out
in the Agreement.

10.2: Severability
10.2.1 [Romeo] and [Juliet] intend this Agreement to be severable.
10.2.2 In the event that any provision, clause, sentence, section or other part of the
Agreement is held to be invalid, illegal, inapplicable, unconstitutional, contrary to
public policy, void or unenforceable in law to any person or circumstance, [Romeo]
and [Juliet] intend that the balance of the Agreement shall nevertheless remain in full
force and effect so long as the Purpose of the Agreement is not affected in any
manner adverse to either party.
10.2.3 Upon such determination that any term or other provision is held to be invalid, illegal,
inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law
to any person or circumstance, [Romeo] and [Juliet] undertake to negotiate in good
faith to modify this Agreement so as to give effect its Purpose as closely and as fully
as possible in an acceptable manner to both.
WeDoMarriage.com Version 1.0

10.3: Assignment
10.3.1 [Romeo] and [Juliet] acknowledge that the rights and privileges conferred under this
Agreement are not assignable, transferable or saleable.

10.4: Succession
10.4.1 [Romeo] and [Juliet] acknowledge and agree that the rights, benefits and privileges
conferred under this Agreement are not transferable to their heirs or other
successors, except as stated explicitly in this Agreement.

10.5: Force Majeure


10.5.1 [Romeo] and [Juliet] agree that neither shall be liable for any failure to perform his or
her obligations under this Agreement where such non-performance arises from
unanticipated catastrophic circumstances beyond his or her reasonable control
including, but not limited to, acts of God, war, riot or civil commotion, fire, flood,
terrorism, drought or act of government provided, that the Party seeking to be
excused shall make every reasonable effort to minimise the difficulties resulting from
such a Force Majeure circumstances.
10.5.2 [Romeo] and [Juliet] agree to keep each other fully informed of any such Force
Majeure circumstances.
10.5.3 During the period that the performance by one of the Parties of his or her obligations
under this Agreement is suspended by reason of Force Majeure, both [Romeo] and
[Juliet] shall cooperate and use their reasonable best efforts to continue the Purpose
contemplated by this Agreement.
10.5.4 [Romeo] and [Juliet] agree to resume their obligations under this Agreement as soon
as possible upon the passing of the Force Majeure event.

10.6: Headings
10.6.1 [Romeo] and [Juliet] agree that headings, titles, captions and any list of contents are
inserted solely for convenience of reference only and are not part of the Agreement.
10.6.1 [Romeo] and [Juliet] agree that headings, titles, captions and any list of contents shall
not affect the meaning, construction or effect of this Agreement, nor act as a
limitation on the scope of the particular clause, section or paragraph to which they
refer, and shall be ignored in the interpretation of this Agreement.
WeDoMarriage.com Version 1.0

11: Dissolution
11.1 Dissolution of Agreement
11.1.1 [Romeo] and [Juliet] agree that their Agreement shall terminate in the event of any of
the events set out below.
11.1.2 The death of either [Romeo] or [Juliet].
11.1.3 The entry of either [Romeo] or [Juliet] into a state marriage contract over which the
courts of family law claim jurisdiction.
11.1.4 The expiry of the Period of Notice commencing on the date when either [Romeo] or
[Juliet] gave written Notice to the other.

11.2: Transitional Provisions on Death


11.2.1 In the event of the dissolution of this Agreement as a result of the death of
either [Romeo] or [Juliet], the transitional provisions set out below shall
apply.
11.2.2 The surviving party shall have the right to purchase the deceased party's
share in the former marital home by serving notice on the deceased's
personal representatives within three months of death.
11.2.3 The purchase price of the former marital home shall be the price that a
willing buyer would pay to a willing seller on the open market, if sold with
vacant possession.
11.2.4 The price paid for the deceased party's share shall be payable to the
deceased's personal representatives within six months of the date of death
or production of a Grant of Probate or Administration, whichever is the
later.
11.2.5 On any sum not paid within this time, any interest shall be payable at the
rate of 5% per annum above the Base Rate of the European Central Bank,
from the date payment becomes due until the date of payment.
11.2.6 Where the value of the former marital home at the date of death of
either [Romeo] or [Juliet] cannot be agreed, the surviving party and the
deceased's personal representatives shall jointly appoint an independent
valuer whose valuation shall be binding.
11.2.7 Where the surviving party and the deceased's personal representatives
cannot agree on the appointment of a valuer, either may apply to the
President of the Royal Institution of Chartered Surveyors to make the
appointment, and the decision of the appointed valuer shall be binding.
11.2.8 Where no notice is served on the deceased's personal representatives, the
surviving party shall have the right to remain living in the former marital
home for three calendar months from the date of such death, and shall
WeDoMarriage.com Version 1.0

vacate the former marital home upon the expiry of the third calendar month
to enable the marital home to be sold.
11.2.9 All provisions contained in this clause shall apply so as to bind the estate
and personal representatives of the deceased party.

11.3: Transitional Provisions Other Than as a Result of Death


11.3.1 In the event of the dissolution of this Agreement other than as a result of
the death of either [Romeo] or [Juliet], the transitional provisions set out
below shall apply.
11.3.2 The former marital home shall be placed for sale on the open market and
the proceeds of such sale shall be divided between [Romeo] and [Juliet] in
the proportions provided in the Wealth Provisions.
11.3.3 [Romeo] and [Juliet] agree that each shall punctually pay and settle all
outstanding living expenses in the proportions agreed in the Wealth
Provisions.
11.3.4 [Romeo] and [Juliet] agree that all marital property shall be divided
between them in the proportions provided in the Wealth Provisions.
11.3.5 [Romeo] and [Juliet] agree that any Joint Account operated for the purpose
for meeting everyday household expenses shall be closed and any debits
or credits shall be shared by them equally.

You might also like