Sample modifications clauses
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 Sustainability Provisions.
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 Sustainability Provisions.
4.3.1 [Romeo] and [Romeo] 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 ...more »
4.3.1 [Romeo] and [Romeo] 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.
4.3.5 [Romeo] and [Juliet] have informed each other of any known genetic condition or medically determinable risk in their DNA profile that our potential children may be subject to as a result of combining our genes.
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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 ...more »
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.
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.
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Here you set out the range of topics and issues you intend to cover in your Marriage Contract. This might include items such as the sharing of your family home, health and welfare, financial responsibilities, and the parenting of children. Here is a sample set of two clauses to help you get started: === 2.1 [Romeo] and [Juliet] agree that the scope of their marital provisions are outlined in the following sections ...more »
Here you set out the range of topics and issues you intend to cover in your Marriage Contract. This might include items such as the sharing of your family home, health and welfare, financial responsibilities, and the parenting of children.
Here is a sample set of two clauses to help you get started:
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2.1 [Romeo] and [Juliet] agree that the scope of their marital provisions are outlined in the following sections of this Agreement:
Section 5 – Marriage Provisions
Section 6 – Marital Home Provisions
Section 7 – Wealth Provisions
Section 8 – Kinship Provisions
Section 9 – Sustainability Provisions
Section 10 – Dissolution Provisions
Section 11 – General Provisions
2.2 [Romeo] and [Juliet] agree that the their intentions and obligations as outlined in Section 3 (Good Faith and Fair Dealing) and Section 4 (Full Disclosure) of this Agreement are fundamental to fulfilling their commitments outlined in Sections 5, 6, 7, 8, 9, 10 and 11 of this Agreement.
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By convention, the Contract Background is not a numbered section of the Marriage Contract. This is why the next section, named Purpose of Contract, is numbered section 1. Also by convention, paragraphs of the Contract Background are denoted by letters (A, B, C ...) rather than numbers. To help get couples started, here is an example Contract Background with the following structure: - A-B Some Biographical Information ...more »
By convention, the Contract Background is not a numbered section of the Marriage Contract. This is why the next section, named Purpose of Contract, is numbered section 1.
Also by convention, paragraphs of the Contract Background are denoted by letters (A, B, C ...) rather than numbers.
To help get couples started, here is an example Contract Background with the following structure:
- A-B Some Biographical Information
- C-D Some Relationship History
- E-F Intention to Marry
And now the Contract Background of Romeo and Juliet, ta-da ....
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A. [Romeo] is a native of Verona, Italy, the second of three children, and was educated at local schools. After graduating from the University of Verona with a degree in Computer Science, he worked for four years in the US before returning to Verona to take up his current position as a software engineer with a web development company. [Romeo] is passionate about food and good wine, and there is probably nothing he enjoys more than preparing a gourmet meal for friends.
B. [Juliet] was born and spent her early years in Fisole near Florence, the elder of two children. In her teens she and her family moved to Milan. There she completed her studies as a music teacher by graduating from the University of Milan. After holding positions at a number of schools in Turin and Rome, she currently teaches at a Verona school. [Juliet] loves the outdoors and enjoys cycling, trekking and skiing, and is a keen gardener.
C. [Romeo] and [Juliet] first met at the marketplace in Verona on 16th June 2006, where they were introduced by mutual friends. From their first encounter each felt an attraction for the other. Over the months that followed their relationship blossomed. They spent many weekends together at Alpine resorts and lakes, and took three holidays, in Greece, Spain and Portugal.
D. [Romeo] proposed to [Juliet] on 16th June 2008, offering himself as a prospective partner in a lifelong union of shared love and commitment.[Juliet] agreed to consider his proposal. Each, recognising the seriousness and sanctity of the union in proposal, embarked on a journey to deepen their understanding of themselves, each other, their relationship as a couple and their prospective life as a family.
E. [Romeo] and [Juliet] over a period of months, explored together: their expectations of the married state; their compatibility of personality, interests and values; their readiness for union in marriage; their views of children and parenting roles; their intentions for sustaining their commitment; and their willingness to express their union of love in a contractual exchange of legally binding commitments.
F. [Romeo] and [Juliet], having completed to their journey of preparedness, and having revealed in mind, spirit and circumstances, each to the other as much as the other has sought, do now most earnestly seek to create a marriage, form a home and found a family.
[Romeo] and [Juliet] therefore agree as follows:
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By convention this is the first numbered section of your Marriage Contract. In sample below there is just a single clause (numbered 1.1), followed by a series of sub-clauses. === 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 ...more »
By convention this is the first numbered section of your Marriage Contract.
In sample below there is just a single clause (numbered 1.1), followed by a series of sub-clauses.
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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.
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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.
7.2.1 [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 ...more »
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.
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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 ...more »
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.
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[Romeo] and [Juliet] have each made a will, copies of which are attached to this Agreement as part of Exhibit Set D.
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 ...more »
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.
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11.1.1 [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. 11.1.2 [Romeo] and [Juliet] intend this Agreement to supersede all prior or contemporaneous agreements, representations, understandings, communications and proposals, whether electronic, oral, or written, ...more »
11.1.1 [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.
11.1.2 [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.
11.1.3 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.
11.1.4 [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.
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11.2.1 [Romeo] and [Juliet] intend this Agreement to be severable. 11.2.2 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 ...more »
11.2.1 [Romeo] and [Juliet] intend this Agreement to be severable.
11.2.2 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.
11.2.3 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.
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11.3.1 [Romeo] and [Juliet] acknowledge that the rights and privileges conferred under this Agreement are not assignable, transferable or saleable.
11.4.1 [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.
11.5.1 [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 ...more »
11.5.1 [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.
11.5.2 [Romeo] and [Juliet] agree to keep each other fully informed of any such Force Majeure circumstances.
11.5.3 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.
11.5.4 [Romeo] and [Juliet] agree to resume their obligations under this Agreement as soon as possible upon the passing of the Force Majeure event.
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11.6.1 [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. 11.6.1 [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 ...more »
11.6.1 [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.
11.6.1 [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.
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A. [Paul] is 25 and worked at a number of jobs before getting a City & Guilds qualification in electronics. He always loved computers and computer games and spent ever increasing hours of his spare time fixing friend’s computers. Realising there was a market in his skills, two years ago he set up as a sole trader in his own computer repair business and has never looked back. B. [Michelle] is 26. She is Irish and the ...more »
A. [Paul] is 25 and worked at a number of jobs before getting a City & Guilds qualification in electronics. He always loved computers and computer games and spent ever increasing hours of his spare time fixing friend’s computers. Realising there was a market in his skills, two years ago he set up as a sole trader in his own computer repair business and has never looked back.
B. [Michelle] is 26. She is Irish and the only daughter of [Pat] and [Joan]. [Michelle] trained in a general office and worked for four years with a large international company. [Michelle] has a little girl from a previous relationship, [Jessica], who is now three years old. [Jessica] goes to a local crèche and is cared for by [Joan] each evening until [Michelle] arrives home from work.
C. [Paul] and [Michelle] met on holiday in Spain and hit it off right from the start. After going out with each other for six months, [Paul] moved into [Michelle]'s apartment. [Paul] and [Michelle] go out with their friends every Saturday night, when [Jessica] stays overnight with her dad and her paternal grandmother (at [Jessica]'s paternal grandmother's house), who is divorced from [Jessica]'s granddad.
D. [Paul] and [Michelle] enjoyed the apparent freedom that co-habitation afforded them, and being young, and times were good, they weren’t too bothered about the future. As the months passed they discussed what each of them wanted in life. Although they were very still much in love, they wanted that love to mature and grow stronger and deeper over time.
E. [Paul] and [Michelle] knew they'd have to work together to make their relationship work and to make their dreams come true. They discussed owning their own home, and having another child. As well as all the romantic and realistic positives of achieving a great relationship, they also realised they each had different concerns about their relationship. [Michelle] wanted emotional and financial stability for herself and [Jessica]. [Paul] felt his position in the relationship and with any children they had together, could be very tenuous legally ([Paul]'s older brother experienced a nasty breakup with his ex-partner, which involved two children, which had ramifications for the rest of his brother's and his nephews lives).
F. [Paul] and [Michelle] went on a parallel journey of discovery. They looked at their backgrounds. They looked at their families, the family circumstances and the way their own family communicated with each other, whether expressing feelings and views were encouraged in their formative years. They also looked at themselves individually; what communication skills they had or needed to brush up on. They also considered their individual expectations of relationships and roles they saw themselves playing in such a relationship such as parent, lover, provider, nurtures etc. Along with this they read about successful relationships and how to achieve them.
G. [Paul] and [Michelle] took the time to establish specifically what they wanted to do with their lives and what steps were necessary to attain these goals. They got advice from legal, health and financial experts. With all this, they felt confident to commit to each other and a relationship that was desired by both of them. This contract is the tool to achieving the success they both dream of.
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A. [Jonathan] is 45 and a district court judge. [Jonathan]'s father, a doctor, and mother, a teacher, both now retired, put three children through university and are immensely proud of [Jonathan]'s academic and professional achievements. B. [Angela] is a 33 year-old barrister specializing in contract law. A rising star in her profession, she works long hours but loves the buzz and challenges of the adversarial nature ...more »
A. [Jonathan] is 45 and a district court judge. [Jonathan]'s father, a doctor, and mother, a teacher, both now retired, put three children through university and are immensely proud of [Jonathan]'s academic and professional achievements.
B. [Angela] is a 33 year-old barrister specializing in contract law. A rising star in her profession, she works long hours but loves the buzz and challenges of the adversarial nature of the legal industry. [Angela] comes from a family whose history is steeped in public and political service. Her father was an elected member of the Dail was once tipped to be the leader of the party in which he and his father before him invested so much of their lives.
C. [Jonathan] and [Angela] met four years ago at [Angela]'s sister's wedding. [Jonathan] and [Angela] enjoy a very full social life individually and together, with interests in horses, opera and dinner parties. They also spend every opportunity they get fly away on city breaks and foreign holidays, visiting friends and family in Hong Kong. Two or three times a year they go skiing and waking near an apartment they own in France. Professional duties aside, their comfortable incomes and not having children has allowed their relationship to be spontaneous and flexible. Being financially independent, each had their own apartment in the city only twenty minutes apart.
D. It was [Angela] who first brought up the idea of 'marriage'. She said she had put her proverbial biological clock on pause to concentrate on her career, but was now considering other options…like having children, living together and possibly taking a career break at some point in the future. They both knew that any such changes would fundamentally alter their relationship and wanted to ensure that, as far as possible, the outcome of such decisions would have a positive effect on them as a couple.
E. [Jonathan]'s experience as a Judge in family law gave him cause for concern, should their marriage break up, if he were ever to use the divorce court himself as either an Applicant or Respondent. [Angela], working in contract law, knew that she and [Jonathan] could create the perfect WeDo Marriage contract which would not only protect both of their interests, but would primarily as its greatest benefit; promote a happy and lasting marriage.
F. [Jonathan] and [Angela] found the WeDo structure and process particularly helpful in broaching subjects often avoided by couples who fear such conversations show a lack of trust. On the contrary, confronting their own human frailties and discussing thorny subjects gave them the courage and belief that laid the foundations for honesty and trustworthiness that they would carry into their marriage and into their future. And they knew that this was the time to create a good contract, while they still were in love and cared for each other.
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10.1.1 [Romeo] and [Juliet] agree that their Agreement shall terminate in the event of any of the events set out below. 10.1.2 The death of either [Romeo] or [Juliet]. 10.1.3 The entry of either [Romeo] or [Juliet] into a state marriage contract over which the courts of family law claim jurisdiction. 10.1.4 The expiry of the Period of Notice commencing on the date when either [Romeo] or [Juliet] gave written Notice ...more »
10.1.1 [Romeo] and [Juliet] agree that their Agreement shall terminate in the event of any of the events set out below.
10.1.2 The death of either [Romeo] or [Juliet].
10.1.3 The entry of either [Romeo] or [Juliet] into a state marriage contract over which the courts of family law claim jurisdiction.
10.1.4 The expiry of the Period of Notice commencing on the date when either [Romeo] or [Juliet] gave written Notice to the other.
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10.2.1 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. 10.2.2 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. 10.2.3 The purchase price of the former marital ...more »
10.2.1 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.
10.2.2 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.
10.2.3 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.
10.2.4 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.
10.2.5 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.
10.2.6 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.
10.2.7 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.
10.2.8 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 vacate the former marital home upon the expiry of the third calendar month to enable the marital home to be sold.
10.2.9 All provisions contained in this clause shall apply so as to bind the estate and personal representatives of the deceased party.
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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] ...more »
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.
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10.3.1 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. 10.3.2 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. 10.3.3 [Romeo] and [Juliet] agree that ...more »
10.3.1 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.
10.3.2 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.
10.3.3 [Romeo] and [Juliet] agree that each shall punctually pay and settle all outstanding living expenses in the proportions agreed in the Wealth Provisions.
10.3.4 [Romeo] and [Juliet] agree that all marital property shall be divided between them in the proportions provided in the Wealth Provisions.
10.3.5 [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.
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9.2.1 [Romeo] and [Juliet] agree to negotiate within the guidelines outlined in 9.1.1 to 9.1.9 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 ...more »
9.2.1 [Romeo] and [Juliet] agree to negotiate within the guidelines outlined in 9.1.1 to 9.1.9 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.
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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 reasonable requests for information made by one party to the other will be ...more »
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 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.
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