HomeMy WebLinkAboutThe Huron Expositor, 1989-02-15, Page 37Page 31
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Weddings *Portraits
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Facts about contracts
When lwn people say, "I do," they are
agreeing to abide by the terms of a con-
tract written for them in law
The majority of people are not even
aware of the contents of this agreement
in law and very often find that they don't
like the terms, says Marriage and Fami-
ly Law, a book published in various pro-
vincial editions.
A written marriage contract can give
limited protection to both spouses. Mar-
riage contracts can sort our the manage-
ment of fancily assets or other property
during marriage and determine the
ownership if there is a separation or
divorce.
It can also contain such items as who
is to perform the household chores,
which parent is to have custody of the
children after a separation, what the
support obligations will be, and so on.
However, you should be aware that
some of these terms of a contract are not
enforceable in court. Each provincial
law varies.
In Ontario and British Columbia for
example, the courts will not recognize
provisions for child custody. They feel
that they are the overseers of the
welfare of children and their jurisdiction
cannot be ousted by a private contract.
Although a marriage contract can pro-
vide for personal services such as who
will do the household chores, terms like
this cannot be enforced in the courts. It
is simply not possible to have the sheriff
CCaqme into your home every day to en-
siii a the dishes are done by the ap-
propriate spouse.
However, there is still great value in
using provisions which could not normal-
ly be directly enforced by the courts.
Parties to a marriage seldom sit down
and discuss how they expect the mar-
riage to be conducted and how the
responsibilities will be divided.
Marriage contracts can offer
psychological benefit by writing down on
paper issues of cooking, housecare, and
the number of children.
coL eG r) rnogc-Ai 2L
PHOTOGRAPHY
S I South St. Bus. S24-6868
Goderich, Ont. Res. 524-2334
Trivia
In most Canadian provinces, 16 -year-
olds can marry with the consent of
parent or guardian, but in Quebec, a
14 -year-old male or 12 -year-old female
can marry with consent. In the Nor-
thwest Territories; any person under 15
years old can be married with the con-
sent of the Commissioner of the N.W.T.
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