"Til death do us part" is still the language used in most weddings. Couples enter marriage with the hope of making a lifetime commitment. If this goal is not reached or if a spouse dies, the desire to be a couple is so ingrained that most will marry again.
The inability of the marriage laws to meet the needs of many couples makes the concept of a marital agreement quite positive, despite the bad publicity premarital agreements have reached. The freedom to structure a relationship should not be determined by laws that do not reflect the changing realities of family life in American today.
There is no firm tradition of marital contracts in our country because of the inherent resistance of comparing love to a business deal. Many civilized societies through the ages, however, have documented marital agreements with written documents.
Celebrities and the media have made couples aware of the concept of a contract executed between a married couple, whether terming it a premarital, prenuptial, antenuptial or postmarital agreement. The rich have known about them for years, but middle-class America, alarmed about the rising divorce rate, is anxious to know more.
Who Needs Them?
Anyone about to enter a marriage who is concerned about the inadequacies of the laws in the face of today's social realities;
Anyone who is remarrying;
Anyone concerned about protecting the assets of children from a prior marriage;
Anyone who has a financially dependent parent;
Business owners, particularly of professional practices and particularly those with business partners, because a spouse effectively becomes a silent partner in the business;
Anyone with significant separate property in states where a spouse is entitled to a share of income from separate property.
Anyone whose intended spouse has significant premarital responsibilities, such as alimony, child support, or tax obligations.
Anyone cautious enough to prefer a written record of the ownership of assets to avoid confusion in the future from creditors or other family members.
It's not romantic; it's practical. And limiting a spouse's take upon divorce is far from the only purpose, despite the perception gleaned from the popular press. Doesn't it make sense to make decisions under the best of circumstances instead of during the emotional upheaval of a troubled relationship?
As with most things, there's good news and bad news about private marital contracts. The openness needed for such an agreement is good for a relationship; the implication of a lack of trust is bad. A marital contract can avoid expensive and emotionally debilitating divorce trials, but it's expensive to enforce any contract in court. Such an agreement will reduce to writing the agreement for division of property upon divorce, although it can prevent a spouse from obtaining marital rights upon divorce.
The love and the law newsletter is written by Johnette Duff, Attorney at Law*
Copyright 2003 by Johnette Duff
Ms. Duff is licensed in the State of Texas
www.loveandthelaw.com
About The Author
Johnette Duff is a matrimonial attorney licensed in the state of Texas. She is also the author of three books on love and the law; The Spousal Equivalent Handbook, The Marriage Handbook and Love After 50. Ms. Duff has been featured on Today, Good Morning America, in The Wall Street Journal, Self, New Woman, Smart Money and Modern Maturity and has been a guest on hundreds of radio talk shows.
quick home cleaning Deerfield ..Even though it's a great tradition with a long history,... Read More
Healthy marriages require time, attention, energy, and vigilance. It's not... Read More
Ritual symbolism abounds in everything we do; this is particularly... Read More
If you've always dreamed of flying in a helicopter, Las... Read More
Marriage and Attraction: Relation is successful as long as there... Read More
What about this business of food for lovers? Is it... Read More
Think creatively and add a personal touch to your special... Read More
Love should not blind a couple to the realities of... Read More
After choosing the design for your wedding invitations you can... Read More
WHAT HAS WORKED FOR USBrief Reflections On Enjoying 36 Years... Read More
You've probably heard about Save the Dates since they have... Read More
A wedding is one of life's major rites of passage.... Read More
When one thinks of a promise ring it is common... Read More
When planning your wedding, what type of entertainment are you... Read More
It is absolutely possible to find a beautiful and affordable... Read More
"Is it better for a woman to marry a man... Read More
Brides through the ages have accessorized with wedding jewelry to... Read More
Rounding up the guys to devour some barbecued red meat... Read More
Just as there are a variety of wedding packages available,... Read More
The wedding gown is most important choice for a bride... Read More
Homemade wedding favors come from a centuries old tradition of... Read More
Your wedding vows are the words that will forever remain... Read More
As the story goes, a Cherokee elder was sitting with... Read More
No one wants to pay more than they have to... Read More
An ideal combination. A good career, a great husband and... Read More
cleaning lady near Arlington Heights ..Many people believe that weddings have to be costly. But... Read More
So you have been invited to a wedding. Whether you... Read More
The kids are yelling, the dog is barking, and you... Read More
Today Norm Goldman, Editor of Sketchandtravel.com & Bookpleasures.com is pleased... Read More
Many wives cheat on their husbands. This could be due... Read More
Almost there! This is the third lesson of my "Invitation... Read More
Following is a list of question that, I believe, can... Read More
The wedding shower is a traditional party of the marriage... Read More
If you're planning your wedding day then you'll be all... Read More
Have you ever wondered why your marriage isn't happier? If... Read More
Great deals can be found when you know how much... Read More
The beginning of the journey of two souls begins with... Read More
Today, Norm Goldman, Editor of Sketchandtravel and Bookpleasures is pleased... Read More
As most of you know the evening festivities for a... Read More
Thousands of years ago, the Celts, a group of independent... Read More
Being disc jockeys, we get the opportunity to evaluate many... Read More
Now that you are planning your wedding, you've got to... Read More
The look of the wedding invitations you send will not... Read More
White is traditionally a symbol of purity and as it... Read More
To paraphrase a song, "Are you doing it more, but... Read More
The enchanting Belize honeymoon resorts captivate every visitor through the... Read More
Choosing a wedding anniversary gift that wows your husband or... Read More
Time was when you'd open a wedding invitation you'd find... Read More
Every couple wants wonderful photos of their wedding day that... Read More
Planning a wedding of any size or budget can have... Read More
Marriage & Wedding |