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Short Term Marriage Contracts






I got this article that was translated from a Japanese publication and published in Mainichi Daily News
http://mdn.mainichi.co.jp/waiwai/index.html

Couples tie knot with sexual clause

By Masuo Kamiyama.Contributing writer.May 30, 2005

"I'll tell you what," said Mai, 26, to her 24-year-old fiance last year. "We'll enter into a one-year marriage contract."

One year? said the fiance. How about three years, or five?

No, Mai was adamant. One year, no divorce in mid-contract, and then they'd see.

The notion is gaining ground, says Aera. Marriage has always been a contractual arrangement, but couples are lately discovering how many variations can be contrived to suit individual circumstances. The documents they draw up may or may not be legally binding, but that is largely beside the point. Their main purpose is to serve as a kind of marital Constitution, to be appealed to in times of crisis.

Mai's fiance, for instance, has a tendency to get visibly annoyed if dinner consists of fewer than three dishes. His annoyance ticked Mai off. She was working too, after all. What did he want, a wife, or a servant? Well, ok, conceded the fiance; two dishes. Good, said Mai, writing it into the contract.

There are as many possibilities as there are couples, Aera finds. Husband and wife might agree, for example, that in the event of a quarrel, the apology will come from him if it's an even-numbered day of the month, from her it's an odd-numbered day.

A fat spouse might be a turnoff, in which case a clause might read something like this: "The weight differential between husband and wife shall not exceed 20 kg, nor shall the wife's weight equal or exceed the husband's."

What about sex? If left to the impulse of the moment, anything might happen. Here's Aera's suggestion, modifiable of course: "Sexual relations will occur the night before a holiday, both parties bathing prior to said relations. An illuminated lamp on the bedside table will mean that one of the parties desires sexual relations. In that event, sexual relations may occur regardless of whether or not the following day is a holiday."

Let's not forget in-laws and other relatives: "Neither husband nor wife shall direct verbal abuse at the other's family members."

Wiser in the ways of the world than their parents, to say nothing of their grandparents, young lovers know what a precarious state marriage is, and are familiar with its deepest pitfalls. Infidelity, for instance. That's one marriage-corroding temptation Hiromi, 32, and her husband are determined to steer clear of. How determined? When they took out a housing loan they composed a written agreement to the effect that if either of them is caught in an adulterous relationship, the guilty party not only forfeits the right to live in the new condominium but also agrees to pay off the entire loan singlehandedly.

It's a 35-year, 40-million yen loan, and Hiromi's husband, having been transferred out of town by his company, will be living on his own for the next two years.

"I just saw a TV law program which makes me nervous," says Hiromi. "I don't know to what extent our agreement is legally binding. Anyway, though, it's a kind of insurance at least, isn't it?"

Maybe. Perhaps Aera will revisit the couple in two years and let us know how it worked out.






I think we discussed that before but it was long time ago.
People having such kind of contracts in some european countries also (Holland?).
Not legal yet but interesting alternative...






very interesting, sound cool in away.






QUOTE
An illuminated lamp on the bedside table will mean that one of the parties desires sexual relations.
Is there where the term "red light district" comes from? laugh.gif

QUOTE
A fat spouse might be a turnoff, in which case a clause might read something like this: "The weight differential between husband and wife shall not exceed 20 kg, nor shall the wife's weight equal or exceed the husband's."


Oh dear.............a lot of old foreigner/western men would be in trouble then..... rolleyes.gif

whatever happened to the good old fashioned way and reason for marriage sad.gif .........for love and accepting one as they are??? blink.gif

The solicitors in Japan must be laughing all the way to the bank....... tongue.gif

This post has been edited by Jingle: 2005-05-31 10:50:03






QUOTE
When they took out a housing loan they composed a written agreement to the effect that if either of them is caught in an adulterous relationship, the guilty party not only forfeits the right to live in the new condominium but also agrees to pay off the entire loan singlehandedly.
I doubt if such a contract is valid in Japan, if seriously challenged in a court.
QUOTE (Bluecat @ May 31 2005, 11:28 AM)
I think we discussed that before but it was long time ago.
People having such kind of contracts in some european countries also (Holland?).
Not legal yet but interesting alternative...
*

Another interesting alternative might be to convert to Islam.






If a contract is not legally binding nor enforceable, why have it in the first place? WTF.gif For fashion? To give away free money to the solicitors??? blink.gif






QUOTE (Bluecat @ May 31 2005, 09:26 AM)
Here's Aera's suggestion, modifiable of course: "Sexual relations will occur the night before a holiday, both parties bathing prior to said relations. An illuminated lamp on the bedside table will mean that one of the parties desires sexual relations. In that event, sexual relations may occur regardless of whether or not the following day is a holiday."
*


If they have sex during the day or not next to the bedside table lamp, is it a breach of contract? w00t.gif laugh.gif

In fact, what I read before is the possibility of making short term marriage contracts legal, i.e. as binding as any marriage contract except that it would not be for life but for a certain amount of time to be fixed.
A bit like an employement contract, the two possibilities...

This is what I would be interested to know, would you be interested by such kind of contract?
It 'forces' you to try the relationship at least during a sufficient time while giving some legal protection to both parties but without binding you forever if you feel it does not work after that period.
And if it works, you can always make it permanent.

I guess that was the idea... wink.gif

This post has been edited by Bluecat: 2005-05-31 14:44:15






IMO, this short term contract sounds very similar to a pre-nup except there are weird terms in it. blink.gif Pre-nups are usually for millionaires, celebs and royalty where it is drawn up to protect the party with $$$$. dry.gif

I personally do not see why normal working class people need a pre-nup/contract for marriage. huh.gif Seems to be a lot of distrust and conditions in it. If one is unsure about the other party, why bother getting married, just live together! Marriage is not really a necessity.

I know many Thai women do not get their marriage registered. Apparently, their "assets" become the property of the man. Seems the man can sell his property freely but when it comes to the woman, she has to seek his permission first. That is what I was told, whether it is 100% true, I can't say read.gif

This post has been edited by Jingle: 2005-05-31 14:47:39






QUOTE (Jingle @ May 31 2005, 02:46 PM)
I know many Thai women do not get their marriage registered.
*


This is right, I have quite a few cases in my office. They live together for quite some time, have the marriage ceremony but do not register it.
Usually they register it once they get a baby.

QUOTE (Jingle @ May 31 2005, 02:46 PM)
Apparently, their "assets" become the property of the man. Seems the man can sell his property freely but when it comes to the woman, she has to seek his permission first
*


But on that, I'm not too sure. I also have a few cases in my office and this is the reverse, their assets (at least the house) belong to the wife or family in law...






The problem with short-time 'marriage' agreements is, that people try to rationalise an emotional relationship, which by its very nature is subject to change, so specifying the number of courses in a meal or regulate the time and frequency of sex seems ridiculous and bizarre to the extreme to me...

What's wrong with simply co-habiting and trying it out on a day-to-day basis for a while?






QUOTE
What's wrong with simply co-habiting and trying it out on a day-to-day basis for a while?


Thats what I thought stroll tongue.gif ..............the good ole fashioned way wink.gif






QUOTE (Bluecat @ May 31 2005, 04:40 PM)
.....is the possibility of making short term marriage contracts legal, i.e. as binding as any marriage contract except that it would not be for life but for a certain amount of time to be fixed.
A bit like an employment contract, the two possibilities...
.....
This is what I would be interested to know, would you be interested by such kind of contract?.....And if it works, you can always make it permanent.

I can only comment about the legal situation in Japan.

The procedure of marriage registration is neither a sales contract, nor an employment contract. It is more similar to a birth registration or a registration for a death certificate, same is true to a divorce registration.

A marriage registration cannot include an expiring date - it will be terminated by request like filing for divorce or by death of either husband or wife.

Your agreement for divorce will be questioned in the ward office at the day of divorce and not at the day of your marriage registration.

This is done, because you do not know the future - your situation at the day of marriage is not necessarily the same at the date of divorce.

You might have an accident for example and be handicapped, who will take care of you? or your partner might become seriously ill....and what about children? Being jobless and no income?....What if one partner dies during this period?
-----
Such agreements, like to terminate a marriage by setting a date in advance, or an agreement to let the partner, who is committing adultery to pay the full house-loan, can never be a part of a marriage contract.

It must be done by a separate contract, however I doubt if such a contract is valid by Japanese law.






I believe this topic is about marriage CONTRACTS and not marriage registration. whistling.gif These are 2 very different things. dry.gif

QUOTE
Japan In Japan, the Horei Law authorizes spouses who marry in Japan to choose which matrimonial law regime will govern their marriage, provided it is either the law of the country of either spouses nationality or habitual residence or, regarding immovables, the law of the location of the immovables. The Horei Law also specifies that prenuptial agreements are valid when made under the provisions of a foreign law, and sets forth a provision for registration of foreign prenuptial agreements in Japan.


This post has been edited by Jingle: 2005-06-01 09:34:21


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