Years ago, I had a consult with someone who was going through a separation, and I will always remember this person.
I went through the implications of the marriage and what entitlements and obligations arise from the marriage and the breakdown of marriage, and the various issues that would need to be resolved.
When I finished, I was met with a few seconds of silence; the wind was just taken from their sails.
They then looked at me and asked deflated, “why doesn’t anyone tell you any of this when you’re getting married?”
Well — the process of entering into a Marriage Contract is exactly this. It’s a process where you learn about all the implications of your marriage, and what happens if you one day separate, whether it be a year after, 5 years after, or 25 years after. It’s akin to getting a crash course in FamilyLaw101.
Previously, people commonly got married in their early 20s, straight out of school, and they would build their life together.
Nowadays, it’s more common for people to get married or find a life partner later in life; and when you get married or meet your life partner later in life, you may have already established a certain career, wealth + assets etc., all on your own before having even met that person - and this is why you should consider entering into a Marriage Contract.
A Marriage Contract helps to protect all you have accomplished before meeting your partner, in the event that your relationship ends one day. No one gets married with the intention of one day getting a divorce; but the fact is, a significant portion of marriages do end up in divorce at some point.
Entering into a Marriage Contract is akin to getting life insurance — no one plans to get divorced just like no one plans to have an untimely death; but anything can happen, so why not try to protect yourself?
Further, as I mentioned above, in going through this process, you will learn a lot about the implications of your marriage and what happens if there is a separation; if, at the end of the day, you choose not protect yourself, that’s your decision to make. But just like every other major life decision, you should educate yourself and be informed about what a ‘legal marriage’ actually means.
We appreciate that it may be an awkward subject to broach with your future partner, but during our consultation, we will also discuss with you how to best raise this issue with your partner in the most sensitive and constructive way.