Love Developing Expiry Dates – counter ~ By OTIENO Edwin & OSANO Raphael

To sign or not? Is a near future question whenever it comes to the idea of marriage. Article 16 of the Universal Declaration of Human Rights declares that “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses.” so as to ensure this equity without discrimination from that betraying spouse, a call for a marital contract comes in.

The idea of contract marriage is nothing new but just being open in certain issues about the time of dissolution which is not always eminent in most marriages. This is to make it clear on when the marriage is going to be dissolved so that the couples can be psychologically prepared for the termination of the contract or a possible renewal if the parties feel so. This will ensure discipline among the parties n mutual benefits as stipulated in the contract after each party have known their roles. In so doing, the post-marriage stress may be things of the past.

For ladies, they may get into contracts for financial benefits and other materials like BMWs. Meanwhile she enjoys how he rocks her world with a powerful game in their bedroom. The man on the other hand, in the marriage for physical benefits and total satisfaction from the ‘wife’ in their bedroom. The end result is symbiotic where the benefits are mutual and either of them or both could be interested in getting a child as a bonus. Whoever it is remains with the kid after dissolution or if they both needed a kid they can get two and each gets one as they part ways.

What is the purpose of marriage if a divorce awaits? It is not fair to approach matrimony with a mentality that someday you will terminate it. There will come a time when there will be a necessity to note down all the initial possession of each and every stakeholder in the marriage.  Even if it means a pair of slippers, a blouse and panties, so that at the end when everybody will be parting ways, all each and every one will  be taking his or her rightful share. For fairness, depending on how the contract dictates, all the wealth amassed together during the contract will be shared accordingly. We are not for situations of bulletproof when it comes to love issues in marriage, but these will help to reduce liability for future claims.  They can establish a point in time that the relationship was consensual and help to defeat an argument that one party was forced to be in the relationship for some type of favour.

It is true most of the advocates for marital contracts are likely those who have been let down in the past relationships. But what normally leads to these betrayals if not financial control and property ownerships? In the quest to minimise these, signing of agreements before the parties decide to ‘tie a knot’.  So long as sex is readily available, that’s what marked the death of love. This bringing the question whether true love still exists. Therefore there is no purpose of wasting all your financial, time and emotional resources on a partner who is not ready to appreciate your little input towards the institution.

As spouses continue to battle litigation, claims, and general unhappiness that stems from romances, there is inevitability of a “love contracts.” These “consensual relationship agreements,” will have the parties acknowledge the relationship is consensual, explain what the parties should do if a relationship ceases to be consensual. They will be best in cases involving some type of conflict of interest. Moreover, they will explain the motivation for the policy, such as avoiding conflicts of interest, and the consequences of violating the policies of the contract.

 The Wirters are 4th years SAAS, LMC, Moi University MainImage


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