1

Contract of Marriage
THIS AGREEMENT (referred to as Agreement), consisting of pages and attached Exhibits, is made
and entered into by the two Parties below.

On this 2nd day of August 1989

By and Between

First name:

RIC

First name:

Middle name:

WEE

Middle name:

Last name:

WALANGAPELYIDO

Last name:

GIGI
WALANGAPELYIDO
WALANGAPELYIDO

WHO have each completed and attached Certificates of Identity and Residence in Exhibit Set
A.

Commencement of Agreement
The Parties intend that this Agreement shall take effect:
No fewer than 1 DAY and no more than _____ days after its signing and notarization, and
At the signing and notarization of the Certificate of Solemnization attached as Exhibit E.

Contract Background
A.

RICARDITO is a native of Mindoro, Calapan, the second of three children, therefore a middle
child and kulang sa pansin and was educated at local schools. After graduating from the
University of Mangyan-in with a degree in Computer Science, he worked for four years in the
US before returning to Mindoro, Calapan to take up his current position as a software
engineer with a web development company. [RICARDITO ] is passionate about food and
good wine, and there is probably nothing he enjoys more than betting on horse races and
purchasing fake DVDs.

B.

[GIGI] was born and spent her early years in RICARDITO , the elder of two children. In her
teens she and her family moved to Milan. There she completed her studies as a music
teacher by graduating from the Unviersity of Mangyans. After holding positions at a number of
schools in Turin and Rome, she currently teaches at a Verona school. [GIGI] loves the
outdoors and enjoys cycling, trekking and skiing, and is a keen gardener.

C.

[Romeo] and [Juliet] first met at the marketplace in Verona on 16th June 2008, where they
were introduced by mutual friends. From their first encounter each felt an attraction for the
other. Over the months that followed their relationship blossomed. They spent many
weekends together at Alpine resorts and lakes, and took three holidays, in Greece, Spain and
Portugal.

D.

[Romeo] proposed to [Juliet] on 16th June 2010, offering himself as a prospective partner in a
lifelong union of shared love and commitment. [Juliet] agreed to consider his proposal. Each,
recognising the seriousness and sanctity of the union in proposal, embarked on a journey to
deepen their understanding of themselves, each other, their relationship as a couple and their
prospective life as a family.

E.

[Romeo] and [Juliet] over a period of months, explored together: their expectations of the
married state; their compatibility of personality, interests and values; their readiness for union
in marriage; their views of children and parenting roles; their intentions for sustaining their
commitment; and their willingness to express their union of love in a contractual exchange of
legally binding commitments.

F.

[Romeo] and [Juliet], having completed to their journey of preparedness, and having revealed
in mind, spirit and circumstances, each to the other as much as the other has sought, do now
most earnestly seek to create a marriage, form a home and found a family.

[Romeo] and [Juliet] therefore agree as follows:

1: Purpose
1.1

For the reasons set out below, and to achieve the benefits arising therefrom, [Romeo] and
[Juliet] resolve to bring into being, as a foundation to their relationship of mutual love and
affection, the legally-binding exchange of rights and responsibilities contained in this
Agreement:

1.1.1

the CONTEMPLATION of their prospective Agreement focused the minds and spirits of
[Romeo] and [Juliet] on the seriousness and sanctity of marriage, each recognising that it is
to be considered and entered into only with sureness of vision, seriousness of intent and
certainty of purpose.

1.1.2

the SHARING, through open and honest disclosure, of their individual natures, values and
circumstances provided [Romeo] and [Juliet] with the opportunity to deepen their knowledge
and understanding of themselves, of each other, and of their relationship, as it has developed
in the past, as it stands currently and as they foresee it blossoming into the future.

1.1.3

the NEGOTIATION of mutual rights and responsibilities, as undertaken by [Romeo] and

[Juliet] in creating their Agreement, provided the opportunity to discover and value each's
empathetic capacity to appreciate the other's background, priorities and aspirations, and to
see the world as each other sees it.

1.1.4

the PROVISIONS of their Agreement, created jointly, negotiated fairly and entered into freely,
provide [Romeo] and [Juliet] with clarity of life purpose and provide a legally secure repository
for their shared goals and dreams.

1.1.5

the PROTECTION provided by the Agreement enables [Romeo] and [Juliet] to guard their
relationship, in all its aspects and circumstances, from interference by other persons, entities,
including the State and agencies of the State.

1.1.6

the EXECUTION of the Agreement at their intended wedding provides [Romeo] and [Juliet]
with the occasion to make a public declaration of their committed union and to invite, from the
families or origin, friends and the wider community, recognition and blessing for the life they
plan together.

1.1.7

the SUSTAINING of their Agreement into the future presents [Romeo] and [Juliet] with the
challenge to nurture further their love for one another, their commitment to one another, and
their dedication to a well-lived life a challenge both [Romeo] and [Juliet] now embrace.

2: Scope
2.1 Scope of this Agreement
2.1

[Romeo] and [Juliet] agree that the scope of their marital provisions are outlined in the
following sections of this Agreement:
Section 5 Marriage Provisions
Section 6 Marital Home Provisions
Section 7 Wealth Provisions
Section 8 Kinship Provisions
Section 9 Sustainability Provisions
Section 10 Dissolution Provisions
Section 11 General Provisions

2.1

[Romeo] and [Juliet] agree that the their intentions and obligations as outlined in Section 3
(Good Faith and Fair Dealing) and Section 4 (Full Disclosure) of this Agreement are
fundamental to fulfilling their commitments outlined in Sections 5, 6, 7, 8, 9, 10 and 11 of this
Agreement.

3: Good Faith and Fair Dealing

3.1 Intention to Form Legally Binding Relations Under Contract
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.

3.2 Capacity to Contract

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.

3.3 Full Understanding and Opportunity for Reflection

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.

3.4 Exclusivity of Contract

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.

3.5 Privity of 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.

3.6 Status and Relationship of Parties

3.6.1

[Romeo] and [Juliet] declare that, on entering into this Agreement, they do not grant any new

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or special rights or powers to the state with regard to their persons, residential or other
property, or income.
3.6.2

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, whether by
operation of common law or any application of any statute.

3.7 Advice of Independent Legal Counsel

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.

3.8 Consideration
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.

3.9: Modifications
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 the
Sustainability Provisions.

3.10: Notices
3.10.1

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.

3.11: Applicable Law

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

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have jurisdiction over contract law.

3.12: Absence of Coercion, Duress or other Compulsion

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.

3.13: Waiver
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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4: Full Disclosure
4.1: Marital Compatibility
4.1.1

[Romeo] and [Juliet] recognise that an understanding of self, as it is formed by nature and
shaped by circumstances, is the foundation to the understanding of others.

4.1.2

[Romeo] and [Juliet] have each sought, over time and in depth, to discover what in life and
love that brings them most joy and fulfilment, and to identify the ways of living and loving that
best enables each to maximise their personal gifts as spouse, parent and citizen.

4.1.3

[Romeo] and [Juliet], aided by insights from the Myers-Briggs Type Inventory (MBTI), have
each sought to discover the nature and extent of their personality preferences, and to explore
and develop their self-awareness and self-understanding as regards their innate approaches
to and outlook on life and love.

4.1.4

[Romeo] and [Juliet], again through the MBTI, have each worked to understand, both in
everyday circumstances and in times of challenge, where they source their life energy and
focus their attention, how they take in information, how they relate to the outer world and
others around them, and how they set priorities, form opinions and make decisions.

4.1.5

[Romeo] and [Juliet], again through the MBTI, have sought to understand how their
personality preferences affect their interactions as a couple. They have done so not merely to
minimise occasions of miscommunication and misunderstanding, but also to understand and
value each other's gifts, learn how to give and receive appreciation and love, and discover, as
they advance through successive life stages, how each can best contribute to the personal
growth and development of the other.

4.1.6

[Romeo] and [Juliet] have each completed the online MBTI Complete process and obtained
their results in a personalised Interpretive Report - Form M (B), copies of which are attached
to this Agreement as part of Exhibit Set C.

4.1.7

[Romeo] and [Juliet], in consultation with a certified MBTI practitioner, have each additionally
obtained a personalised Interpretive Report - Form Q (B), copies of which are attached to this
Agreement as part of Exhibit Set C.

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4.2 Marital Readiness

4.2.1

[Romeo] and [Juliet] recognise the seriousness and sanctity of marriage, a contract to
considered and entered into only with sureness of vision, seriousness of intent and certainty
of purpose.

4.2.2

[Romeo] and [Juliet] have each sought, over time and in depth, to deepen their knowledge
and understanding of themselves, of each other, and of their relationship, as it has developed
in the past, as it stands currently and as they foresee it blossoming into the future.

4.2.3

[Romeo] and [Juliet], aided by insights from the Couple Checkup Marital Readiness
Inventory, have sought to discover where they stand with regard to issues that are vital in a
committed relationship, to appreciate and affirm the positives that make their relationship
loving, nurturing and special, to identify all issues that effect how their relationship can thrive
and grow, and to express and share their deepest expectations of their future together.

4.2.4

[Romeo] and [Juliet], have each completed the online Couple Checkup process and obtained
their results in a personalised Couple Checkup Feedback Report, a copy of which are
attached to this Agreement as part of Exhibit Set C.

4.2.5

[Romeo] and [Juliet], in a dialogue facilitated by a certified relationship professional, have

each additionally explored and shared all issues arising from their engagement with the
Couple Checkup process. A copy of the professional's report is attached to this Agreement as
part of Exhibit Set C.

4.3: Marital Wellness

4.3.1

[Romeo] and [Juliet] have each completed the online Wellness Inventory and obtained their
personalised reports, copies which are attached to this Agreement as part of Exhibit Set C.

4.3.2

[Romeo] and [Juliet] in consultation with a licensed physician, have each completed a
Personal Health Statement, copies which are attached to this Agreement as part of Exhibit
Set C.

4.3.3

[Romeo] and [Juliet], in cooperation with a licensed physician, have each completed a
Physician's Examination Report, copies which are attached to this Agreement as part of
Exhibit Set C.

4.3.4

[Romeo] and [Juliet], in cooperation with a licensed physician, have each completed a
Personal Bio-Chemistry Report, copies which are attached to this Agreement as part of
Exhibit Set C.

4.3.6

[Romeo] and [Juliet], have informed each other of any known genetic condition or medically
determinable risk in their DNA profile that their potential children may be subject to as a result

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their combining of genes.

4.4: Marital Kinship

4.4.1

[Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their forebears
in them, have each researched and documented their family tree, copies of which are
attached to this Agreement as part of Exhibit Set C.

4.4.2

[Romeo] and [Juliet], valuing the rich and unique biological lineage vested by their forebears
in them, have researched and documented their DNA heritage, copies of which are attached
to this Agreement as part of Exhibit Set C.

4.5: Marital Wealth

4.5.1

[Romeo] and [Juliet] have reflected on and shared their financial values and aspirations.

4.5.2

[Romeo] and [Juliet] have each completed the Colour of Money Questionnaire, copies which
are attached to this Agreement as part of Exhibit Set C.

4.5.3

[Romeo] and [Juliet] have each fully and completely disclosed to each other their current
financial position as documented in their respective Net Worth Statements, copies which are
attached to this Agreement as part of Exhibit Set C.

4.5.4

[Romeo] and [Juliet] have each fully and completely disclosed to each other their incomes
and expenditures for the period of three years prior the date of this Agreement. Copies of
their respective statements are attached to this Agreement as part of Exhibit Set C.

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5: Marriage Provisions
5.1 Offer and Acceptance
5.1.1

In this Agreement, created lovingly, considered carefully and embraced freely, [Romeo] and
[Juliet] do offer and accept each other as husband and wife.

5.2 Public Witness and Recognition

5.2.1

In this Agreement, constituted by them as a couple and celebrated by them publicly, [Romeo]
and [Juliet] do invite recognition of their mutual and loving commitments from their families,
friends and the wider community.

5.3 The State as Guarantor of Marital Commitments

5.3.1

In this Agreement, with its binding exchange of rights and obligations, [Romeo] and [Juliet] do
empower the state of [Ireland] to act as supreme guarantor, in spirit and in law, of their
couple-created, mutually-exchanged and publicly-celebrated rights and obligations.

5.4 Lasting Power of Attorney for Personal Care

5.4.1

[Romeo] and [Juliet] agree that, in caring for each other and as an expression of trust, in the
event that either becomes legally incapacitated, the other shall act as their Lasting Power of
Attorney for Personal Care.

5.4.2

[Romeo] and [Juliet] have completed the relevant Lasting Power of Attorney for Personal
Care documentation, copies of which are attached to this Agreement as part of Exhibit Set D.

5.5 Sharing of Common Last Name

5.5.1

[Romeo] and [Juliet] agree that, following the execution of this Agreement, they shall share in
common the surname of [Montague].

5.5.2

[Romeo] and [Juliet] state that the relevant documentation regarding the change of last name
has been completed, copies of which are attached to this Agreement as part of Exhibit Set D.

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6: Marital Home Provisions

6.1: Marital Home
6.1.1

In this Agreement the term 'marital home' means a dwelling, caravan, houseboat or other
structure in which the couple ordinarily reside following the execution of the Agreement and
for the lifetime of the Agreement, and includes any garden or other grounds or building
usually occupied with, or otherwise required for the amenity or convenience of, the dwelling,
caravan, houseboat or other structure.

6.1.2

For the avoidance of doubt it is stated that the term 'Marital Home' in this Agreement does not
mean 'family home' or other expression given to describe any dwelling over which the State
has power to determine occupancy or ownership.

6.2 Sharing of the Marital Home

6.2.1

[Romeo] and [Juliet] acknowledge each other's material interest in their Marital Home and
have therefore agreed the following provisions in relation the ownership of their Marital
Home.

6.2.2

[Romeo] and [Juliet] agree to hold beneficial interest in the Marital Home as 'Tenants in
Common'.

6.2.3

[Romeo] and [Juliet] agree, as of the date of execution of this Agreement, to own and retain
personal shares in the Marital Home in accordance with the Marital Home Sharing Schedule
attached to this Agreement as part of Exhibit Set D.

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7: Wealth Provisions
7.1: Marital Wealth Plan
7.1.1

[Romeo] and [Juliet], having consulted with a Qualified Financial Advisor, have agreed joint
financial goals that reflect their shared values and aspirations.

7.1.2

[Romeo] and [Juliet], to give effect to their joint financial goals, have created and agreed a
Marital Wealth Plan, a copy of which is attached to this Agreement as part of Exhibit Set D.

7.2: Personal Property

7.2.1

[Romeo] and [Juliet] agree that all property, including all assets, belonging to each party prior
to the execution of this Agreement, whether by inheritance, gift, purchase or otherwise, shall
remain their personal property, and that any debts shall remain their personal liabilities.

7.2.2

[Romeo] and [Juliet] agree that, following the execution of this Agreement, they each remain
separately and personally liable for any current and future debts incurred in his or her sole
name.

7.2.3

[Romeo] and [Juliet] agree that, following the execution of this Agreement, all property
acquired by each party by way of gift or inheritance shall remain their personal properties,
and shall not be subject to any claim by the other party under any circumstances whatsoever.

7.2.4

[Romeo] and [Juliet] agree that, following the execution of this Agreement, each shall
continue to have at all times full control of his or her personal property, and shall have full
rights and authority to sell, lease or mortgage or otherwise dispose of such property and
receive all income, rent and profits derived from such property without any restriction and
without any interference.

7.3: Marital Property

7.3.1

[Romeo] and [Juliet] agree that, other than personal property defined above, all property and
other wealth created or acquired following the execution of this Agreement shall, in the
absence of a reasonable demonstration of personal ownership, be deemed marital property
belonging to both spouses.

7.3.2

[Romeo] and [Juliet] agree that all property and other wealth created or acquired throughout
their marriage, where it is valued at 5,000 or less, shall be owned jointly by them in equal
shares.

7.3.3

[Romeo] and [Juliet] agree that all property and other wealth created or acquired throughout
their marriage, where it is valued in excess of 5,000, shall be owned jointly by them in
accordance with their relative contributions.

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7.3.4

[Romeo] and [Juliet] agree to set up and maintain a bank account in their joint names (the
'Joint Account') for the purpose of meeting everyday expenses necessary for the upkeep of
their marital home.

7.3.5

[Romeo] and [Juliet] agree that the 'Joint Account' and any interest credited to it shall belong
to [Romeo] and [Juliet] in equal shares.

7.4: Lasting Power of Attorney for Property

7.4.1

[Romeo] and [Juliet], in caring for each other and as an expression of trust, agree that in the
event that either becomes legally incapacitated, the other shall act as their Lasting Power of
Attorney for financial matters.

7.5: Wills and Estates

7.5.1

[Romeo] and [Juliet] have each made a will, copies of which are attached to this Agreement
as part of Exhibit Set D.

7.6: Voluntary Provision

7.6.1

[Romeo] and [Juliet] agree that nothing in this Agreement shall preclude either party from
making voluntary gifts to the other or from making voluntary provision for the other, whether
by Will, trust or otherwise.

7.6.2

[Romeo] and [Juliet] agree that any such voluntary provision shall not be construed as
varying the terms of this Agreement nor as evidence that there is or was any agreement
between the parties otherwise than is specifically contained in this Agreement.

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8: Kinship Provisions
8.1

[Romeo] and [Juliet] recognise that their Agreement, made in the present, is also a promise
kept with the past and a promise made to the future; in committing ourselves to each other
we honour the sacrifices of the generations who came before us; and to the generations who
come after us we undertake our best efforts that you will remember our good example of
loving commitments made today and honoured on all the days that follow.

8.2

[Romeo] and [Juliet] agree to appreciate, for ourselves and our future child/ren, each other's
extended family, and particularly the grandparents of our future child/ren, and we will
endeavour to uphold and honour their relationships at all times into the future.

8.3

[Romeo] and [Juliet] agree that we will each accord the other equal status in the lives of our
future children.

8.4

[Romeo] and [Juliet] agree that each of us carries equal responsibility to provide financially
for children of our marriage.

8.5

[Romeo] and [Juliet] agree that each of us carries equal responsibility to nurture the children
of our marriage.

8.6

[Romeo] and [Juliet] recognise that, in providing for a marital home, we may arrange the
distribution of responsibilities over time and specialise in certain roles for our family's
optimum benefit.

8.7

[Romeo] and [Juliet], valuing each others complimentary roles as father and mother, agree
that any specialisation of roles, whether as provider or nurturer, shall not establish any legal
primacy with regard to either provision or parenting.

8.8

[Romeo] and [Juliet] recognise the right of our future children to security of identity and
certainty of lineage, and therewith to the love, care, attention, nurturance and companionship
of a natural mother and a natural father, and that such a right is independent of and separate
from the relationship between us, the children's parents.

8.9

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after
the birth of any future child, he or she shall be welcomed into our family tree by the
administration of a genetic profile.

8.10

To give further effect to the above, [Romeo] and [Juliet] agree that, no more than seven days
after the birth of any future child, we will register both our names on the child's Birth
Certificate, so that he or she will benefit from the legal security of having both natural parents
so documented.

8.11

[Romeo] and [Juliet] agree that we each will be joint legal guardians of our future children.

8.12

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after
the birth of any future child, agree to complete and register a Statutory Instrument No. 5, so

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that he or she will benefit from the legal security of having both natural parents as legal
guardians.
8.13

[Romeo] and [Juliet] agree that we each will be joint legal custodians of our future children.

8.14

To give effect to the above, [Romeo] and [Juliet] agree that, no more than seven days after
the birth of any future child, we will submit a motion to the appropriate court, so that he or she
will benefit from the legal security of having both natural parents as joint legal custodians with
shared legal and physical day-to-day care.

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9: Sustainability Provisions
9.1: Agreement to Manage and Resolve Conflicts
9.1.1

[Romeo] and [Juliet] agree to manage and resolve conflicts in a way that protects the values
and aspirations of this Agreement.

9.1.2

[Romeo] and [Juliet] agree to manage and resolve any future dispute arising out of or relating
to any past or future agreement between them (the Dispute) in accordance with the
procedures specified in 9.2 (Negotiation), 9.3 (Counselling), 9.4 (Arbitration) below.

9.1.3

[Romeo] and [Juliet] agree to fight fair in any dispute which may rise in our marriage. Our
goal in any conflict is win - win, to solve the problem and love each other better.

9.1.4

[Romeo] and [Juliet] agree not to use threatening behavior, physical or psychological
violence, swearing or sarcasm when dealing with conflict between us.

9.1.5

[Romeo] and [Juliet] agree not to use the 'threat of divorce' or threaten to leave or remove
children from the matrimonial home when dealing with issues of conflict.

9.1.6

[Romeo] and [Juliet] agree not to use sulking or guilt to manipulate each other when dealing
with issues of conflict.

9.1.7

[Romeo] and [Juliet] agree not to use parental alienation or use our children as pawns to
manipulate each other or in an attempt to gain legal advantages when dealing with issues of
conflict.

9.1.8

[Romeo] and [Juliet] agree, where crimes against the person have been committed that they
will insist with the Gardai that prosecution of such crimes be instigated under Criminal Law
(which requires a higher burden of proof:- "beyond reasonable doubt") rather than Family
Law (which requires a lower standard of proof:- "balance of probability").

9.1.9

[Romeo] and [Juliet] agree to refresh ourselves of, and keep to hand, a copy of our conflict
resolution procedures before, or during at the behest of either one of us, any Negotiation
dealing with issues of conflict.

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9.2 Negotiation
9.2.1

[Romeo] and [Juliet] agree to negotiate within the guidelines outlined in 9.1.1 to 9.1.9 above.

9.2.2

If the dispute has not been resolved by negotiation within [30] days , or if the parties have
failed to confer within [30] days , [Romeo] and [Juliet] agree they will endeavor to settle the
dispute by counselling. Unless otherwise agreed, [Romeo] and [Juliet] will select a counsellor
from a recognized counselling body.

9.3 Counselling
9.3.1

If Counselling fails to produce a resolution, [Romeo] or [Juliet] shall give the other party
written notice of the Dispute. Within [10] days after delivery of the notice, the receiving party
shall submit to the other a written response. Thereafter, [Romeo] and [Juliet] shall confer in
person promptly to attempt to resolve the dispute. All reasonable requests for information
made by one party to the other will be honored. If the dispute still remains unresolved,
[Romeo] and [Juliet] agree to proceed to Arbitration.

9.4 Arbitration
9.4.1

If the dispute has not been resolved by counselling as provided herein within [90] days of the
initiation of such procedure, it shall be settled by binding arbitration The arbitration shall be
governed by the [relevant laws in jurisdiction] and judgment upon the award rendered by the
arbitrator(s) may be entered by any court having jurisdiction thereof. Unless otherwise
agreed, [Romeo] and [Juliet] will select an Arbitrator from a recognized Arbitration body.

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10: Dissolution Provisions

10.1 Dissolution of Agreement
10.1.1

[Romeo] and [Juliet] agree that their Agreement shall terminate in the event of any of the
events set out below.

10.1.2

The death of either [Romeo] or [Juliet].

10.1.3

The entry of either [Romeo] or [Juliet] into a state marriage contract over which the courts of
family law claim jurisdiction.

10.1.4

The expiry of the Period of Notice commencing on the date when

either [Romeo] or [Juliet] gave written Notice to the other.

10.2: Transitional Provisions on Death

10.2.1

In the event of the dissolution of this Agreement as a result of the death of

either [Romeo] or [Juliet], the transitional provisions set out below shall apply.

10.2.2

The surviving party shall have the right to purchase the deceased party's share in the former
marital home by serving notice on the deceased's personal representatives within three
months of death.

10.2.3

The purchase price of the former marital home shall be the price that a willing buyer would
pay to a willing seller on the open market, if sold with vacant possession.

10.2.4

The price paid for the deceased party's share shall be payable to the deceased's personal
representatives within six months of the date of death or production of a Grant of Probate or
Administration, whichever is the later.

10.2.5

On any sum not paid within this time, any interest shall be payable at the rate of 5% per
annum above the Base Rate of the European Central Bank, from the date payment becomes
due until the date of payment.

10.2.6

Where the value of the former marital home at the date of death of
either [Romeo] or [Juliet] cannot be agreed, the surviving party and the deceased's personal
representatives shall jointly appoint an independent valuer whose valuation shall be binding.

10.2.7

Where the surviving party and the deceased's personal representatives cannot agree on the
appointment of a valuer, either may apply to the President of the Royal Institution of
Chartered Surveyors to make the appointment, and the decision of the appointed valuer shall
be binding.

10.2.8

Where no notice is served on the deceased's personal representatives, the surviving party
shall have the right to remain living in the former marital home for three calendar months from

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the date of such death, and shall vacate the former marital home upon the expiry of the third
calendar month to enable the marital home to be sold.
10.2.9

All provisions contained in this clause shall apply so as to bind the estate and personal
representatives of the deceased party.

10.3: Transitional Provisions Other Than as a Result of Death

10.3.1

In the event of the dissolution of this Agreement other than as a result of the death of
either [Romeo] or [Juliet], the transitional provisions set out below shall apply.

10.3.2

The former marital home shall be placed for sale on the open market and the proceeds of
such sale shall be divided between [Romeo] and [Juliet] in the proportions provided in the
Wealth Provisions.

10.3.3

[Romeo] and [Juliet] agree that each shall punctually pay and settle all outstanding living
expenses in the proportions agreed in the Wealth Provisions.

10.3.4

[Romeo] and [Juliet] agree that all marital property shall be divided between them in the
proportions provided in the Wealth Provisions.

10.3.5

[Romeo] and [Juliet] agree that any Joint Account operated for the purpose for meeting
everyday household expenses shall be closed and any debits or credits shall be shared by
them equally.

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11: General Provisions

11.1: Entire Agreement
11.1.1

[Romeo] and [Juliet] intend this Agreement, including its referenced Exhibits, to constitute the
entire agreement between them with respect to the matters contemplated in its Purpose and
embraced by its Scope.

11.1.2

[Romeo] and [Juliet] intend this Agreement to supersede all prior or contemporaneous
agreements, representations, understandings, communications and proposals, whether
electronic, oral, or written, between them.

11.1.3

No other agreements, representations, understandings, communications and proposals,

whether electronic, oral, or written, between [Romeo] and [Juliet] shall be deemed a part of
this Agreement.

11.1.4

[Romeo] and [Juliet] acknowledge and agree that in entering into this Agreement, and the
documents referred to in it, he or she does not rely on, and shall have no remedy in respect
of, any statement, representation, warranty or understanding of any person (whether a party
to this Agreement or not) other than as expressly set out in the Agreement.

11.2: Severability
11.2.1

[Romeo] and [Juliet] intend this Agreement to be severable.

11.2.2

In the event that any provision, clause, sentence, section or other part of the Agreement is
held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or
unenforceable in law to any person or circumstance, [Romeo] and [Juliet] intend that the
balance of the Agreement shall nevertheless remain in full force and effect so long as the
Purpose of the Agreement is not affected in any manner adverse to either party.

11.2.3

Upon such determination that any term or other provision is held to be invalid, illegal,
inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any
person or circumstance, [Romeo] and [Juliet] undertake to negotiate in good faith to modify
this Agreement so as to give effect its Purpose as closely and as fully as possible in an
acceptable manner to both.

11.3: Assignment
11.3.1

[Romeo] and [Juliet] acknowledge that the rights and privileges conferred under this
Agreement are not assignable, transferable or saleable.

11.4: Succession

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11.4.1

[Romeo] and [Juliet] acknowledge and agree that the rights, benefits and privileges conferred
under this Agreement are not transferable to their heirs or other successors, except as stated
explicitly in this Agreement.

11.5: Force Majeure

11.5.1

[Romeo] and [Juliet] agree that neither shall be liable for any failure to perform his or her
obligations under this Agreement where such non-performance arises from unanticipated
catastrophic circumstances beyond his or her reasonable control including, but not limited to,
acts of God, war, riot or civil commotion, fire, flood, terrorism, drought or act of government
provided, that the Party seeking to be excused shall make every reasonable effort to
minimise the difficulties resulting from such a Force Majeure circumstances.

11.5.2

[Romeo] and [Juliet] agree to keep each other fully informed of any such Force Majeure
circumstances.

11.5.3

During the period that the performance by one of the Parties of his or her obligations under
this Agreement is suspended by reason of Force Majeure, both [Romeo] and [Juliet] shall
cooperate and use their reasonable best efforts to continue the Purpose contemplated by this
Agreement.

11.5.4

[Romeo] and [Juliet] agree to resume their obligations under this Agreement as soon as
possible upon the passing of the Force Majeure event.

11.6: Headings
11.6.1

[Romeo] and [Juliet] agree that headings, titles, captions and any list of contents are inserted
solely for convenience of reference only and are not part of the Agreement.

11.6.1

[Romeo] and [Juliet] agree that headings, titles, captions and any list of contents shall not
affect the meaning, construction or effect of this Agreement, nor act as a limitation on the
scope of the particular clause, section or paragraph to which they refer, and shall be ignored
in the interpretation of this Agreement.