This clause makes it clear you each recognise that your marriage contract is an agreement in law, as opposed to a casual, non-binding arrangement, and that you each intend to be legally bound by its terms and provisions.
| 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. |
In this clause you each declare that you are physically and mentally capable of giving consent to a legally binding contract. (Lawyers sometimes call this the 'sane and sober' clause.)
| 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. |
In this section you each declare that you understand fully the contract you are agreeing to, and that you each have had enough time to consider all the rights and responsibilities it contains.
| 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. |
An exclusivity clause can make it clear that you each want to marry only one person at one time.
| 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. |
In contract law the word privity means that, unless otherwise stated, a contract gives rights and benefits only to the parties who signed it. Other than children, other successees or other designated persons, the concept of privity states that no one else may claim rights or benefits from the 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. |
The state is not a party to your marriage contract. As a result, you cannot claim any new or special rights from the state after you sign it. And, conversely, signing the marriage contract does not give the state any new rights or powers over you that it did not already have. You may wish to include a clause to make this clear.
| 3.6.3 |
[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. |
3.6.4 |
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. |
It's generally a good idea to get legal advice before signing a contract. In the case of a Marriage Contract, legal advice – called advice of counsel – is absolutely essential. In this clause you each declare that you have had the advice of counsel before agreeing to sign the contract.
| 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. |
Over time you may wish to update your marriage contract to reflect changed or changing circumstances. The purpose of a modifications clause is to recognise that such amendments may be necessary and to state how they may be affected. This clause protects either of you from having the contract amended without your agreement.
| 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. |
Over time you may wish to update your marriage contract to reflect changed or changing circumstances. The purpose of a modifications clause is to recognise that such amendments may be necessary and to state how they may be affected. This clause protects either of you from having the contract amended without your agreement.
| 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 section of the Marriage Provisions. |
In contract law a notice is a written communication, given by one party to another, that contains important information regarding the contract itself. You may wish to include a clause setting out clearly how such notices are to be sent and to where.
| 3.9.1 |
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. |
The laws of contract can differ between countries, and sometimes between different states, provinces or territories within countries. You can avoid what lawyers call disputes over jurisdiction by including clause that says which country, and if applicable which state, province or territory within the country, governs the contract.
| 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 normal contractual matters. |
In this section you each declare you agreeing to this contract voluntarily, without any duress or other pressure. In other words, no one is forcing or intimidating you into signing the contract.
| 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. |
The waiver clause summarises various issues covered so far in this section, each one of which might potentially provide the basis for attempting to challenge the validity of the contract. In this clause each party states that they waive (give up) any right to challenge the Agreement on any of the grounds itemised above.
| 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. |
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