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S. Harsha Widanapathirana
Attorney-at-Law
LL.B(Hons) University of Peradeniya,
Adv.Dip.Mgt(cima),
Diploma in English(ICBT), CPIT(SLIIT)
The Contract Of Marriage
Can Marriage Be Regarded As A Contract?
What Is A Contract?
A Voluntary, Deliberate, And Legally Binding Agreement Between Two Or More Competent Parties.
Contracts Are Usually Written But May Be Spoken Or Implied, And Generally Have To Do With
Employment, Sale Or Lease, Or Tenancy.
A Contractual Relationship Is Evidenced By (1) An Offer, (2) Acceptance Of The Offer, And A (3) Valid
(Legal And Valuable) Consideration. Each Party To A Contract Acquires Rights And Duties Relative To
The Rights And Duties Of The Other Parties. However, While All Parties May Expect A Fair Benefit From
The Contract (Otherwise Courts May Set It Aside As Inequitable) It Does Not Follow That Each Party
Will Benefit To An Equal Extent.
Good One To Know!. (2019). Retrieved From
Http://Www.Businessdictionary.Com/Definition/Contract.Html
Do you see marriage as a contract?
• Marriage in the civilized world can be regarded to possess the characteristics
that are seen in contracts.
• However, a marriage can be regarded more as a covenant rather than a mere
contract.
• If so, how can the marriage covenant be defined?
“It is the complete union of two people. When a couple is married, they are
not simply “allies” or “friends,” they are joined together as one and society is
obliged to recognize that they are one.”
• Marriage has its own legal aspects similar to that of contracts, but it can not
be regarded purely as a contract as there are legal as well as other elements
that contributes to the validity of the whole marriage relationship.
Example
You have a contract with
the bus conductor
Any difference?
Marriage