The Huron Expositor, 1994-02-23, Page 54PAGE 16D -Wednesday, February 23, 1994
Put it down in writing, advises a local lawyer
It really is better to have
everything in writing, says one
Goderich lawyer.
- Especially before you get
married.
Marriage contracts spell
out rights and obligations of each
partner to the agreement in the
marriage or in separation.
"If you have two people
who are 20 years old, never been
married, neither of them is going to
have material assets," Norman
Pickell said, during an interview
recently.
"But on the other hand, I'm
finding some women - and men, too
- are waiting longer to marry. So
consequently they've been out
working. They've saved up some
money. They've put some mutual
funds aside."
This is when a marriage
contract can put an end to argu-
ments during separation.
"I look at it like a partner-
ship agreement - like two people
who are going into business for
themselves," Pickell says.
"That's the time when
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they're going to be agreeable, when
they're going to be caring of each
other. They're going to understand
each other. They're going to be co-
operative."
That's the time to enter into
such an agreement. Then if things
don't work out "they don't have
nearly the scrapping or the fighting
or the bickering that they would
have otherwise."
Putting it down on paper
also means talking over your expec-
tations from and commitment to the
marriage. Couples will be more
careful with their promises.
Let's take for example the
case of a wealthy man - he asks his
bride to stay home, join the golf and
bridge clubs while he works. She
gives up her nursing job to comply
with his request. She stays home
and raises their children.
Twenty-five years later he
packs up and leaves. He tell§ her to
get a job. He doesn't plan to support
her.
"That's clearly unfair to the
woman. She was under the expecta-
tion that she was never going to
have to work outside of the home,"
Pickett says.
Her education is worthless.
She's had no upgrading.
She takes a job at mini-
mum wage, even though she's used
to a much higher standard of living.
And she can't prove he
ever uttered those promises to take
care of her.
"If it was the understand-
ing that he was going to provide for
her ... then write it into the con-
tract. Because you will rarely get
the husband to admit that when they
separate," Pickell says.
"It's amazing bow short
some people's memories can gel"
Assets brought into the
marriage and listed in the agreement
can be subtracted out of the divorce
settlement before the couple's assets
are equalized.
"You said you brought in
$15,000 worth of assets into the
marriage and your husband says
'That car was only worth $500
bucks. And you only had $1,000 in
the bank'. And of course, who can
find their bank book 20 years later
to prove it? Whereas, if it's written
clown in the marriage contract as a
schedule, it's very easy to see it,"
Pickell says.
Family businesses can be
protected in the marriage contract.
While a marriage contract
cannot specify who will have cus-
tody of the children, it is possible to
set out the direction of education
and moral training of the children.
So a couple may decide beforehand
whether or not their children will be
raised in the Catholic education sys-
tem, etc.
A clause on custody and
access to children is not binding,
See CONTRACT, P
The 'Lucky Sixpence' has become
increasingly popular again in recent years
From page 14D
bride's acceptance of new life.
As for the "Something
Blue," its origins can be traced
to the rhyme, "Those who dress
in blue have lovers true."
The last line of the
poem, "And a Lucky Sixpence
for Your Shoe," has gained
tremendous popularity in recent
years with its story becoming
more widely known and
followed.
In the Victorian Era,
brides began to place a sixpence
in the heel of the left wedding
slipper to ensure wealth and
good fortune to the newlywed
couple.
The sixpence has
become a keepsake, as the coin
was last minted in 1967 and is
now a collector's item.
*The final tradition is also
meant to bring good luck to the
marriage.
A tiny sterling silver
horseshoe, held by a small blue
ribbon (Something Blue...) is
sewn into the hem of the bride's
wedding gown.
The horseshoe has been
considered lucky since the early
1400s. The Royal Family helped
to make this an extremely
popular tradition.
The bride should select
her own ribbons, determined by
the color theme she has chosen.
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