background to your marriage contract

some information about you and your spouse-to-be

 

At the beginning of a contract is a section typically named Background or Introduction.

Usually no longer than a single page, the Backgound section provides some information about the parties to the contract, about the circumstances that lead up to the signing of the contract, and about what the parties intended to achieve by the contract.

What's in the Contract Background?

Typically you will want to include some or all of the following items in your contract background;

Some information about you and your spouse-to-be. This might include details of your occupation, education or training, and general interests.

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.

Some information about your relationship: where and when you met, how the relationship developed, activities you undertook together and the general circumstances leading up to the time you both contemplated marriage.

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.

Some information about why you both decided to marry, what marriage means to each of you, and what you both seek to accomplish by entering into the marriage contract.

E.

[Romeo] proposed to [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.

Note the paragraphs of the contract background are denoted by letters rather than numbers.

The Lead-in Paragraph

The final paragraph of the background section introduces the main body of the contract and states that the two of you have agreed to the provisions that follow. The lead-in, as it is called, may consist of a single sentence.

Recitals of Consideration

In the past the section now usually called Background was known by a different name – the Recitals of Consideration or just Recitals. Each paragraph began with the word 'Whereas'. However, the trend in modern contracts is away from archaic terms and towards plain English.

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