Re: Contract

After watching the film ‘An Affair To Remember’ with my 94 year old special mom, she engaged my wife and I in a discussion about marriage. “Why would anyone get married these days?” Our conversation covered the idea of a union being a contract between two people desiring to show a public commitment to each other. “But why?” She still wanted to know. We didn’t have a scientific explanation.

The business case for a marriage contract is pretty straight forward. There is money involved. Bank accounts. Valued possessions. Pets even! Most jurisdictions contend that after a certain amount of time in cohabitation two people are seen as having an agreement as a couple. I’m no divorce lawyer but the argument seems to go that a 50/50 split is required if your differences become irreconcilable. Now this can change if you both had the forethought to sign a prenuptial contract. To me that is just cold comfort because a prenup seems calculated to find failure. But prudence can be a red flag. I don’t believe love can be found anywhere near a judge. Justice maybe, but no love baby.

Getting a new phone contract was very stressful. So many decisions to make. Multiple offers were presented regarding data plans, equipment, insurance, privacy. I was glad my bride was there to help me not feel manipulated by a Glengarry Glen Ross style salesmen. Our guy Michael seemed trustworthy. I only used a signature once at the mall kiosk and that was on an iPad using my finger. Looking over the fine print of my new communications econtract that was sent digitally to my email account, I see that there are stiff penalties if I don’t return the upgraded equipment. Hopefully my anxiety will dissipate over time.

I do like the security of a contract when it comes to major purchases. This is the language of a black and white world. I’m old enough to still understand the respect shared with a handshake. An understanding is arrived at that I will provide payment for services clearly spelled out in writing. Yes, there are grey areas indicated in the fine print even in the most iron clad agreement (it’s almost a given that no one reads this part of the contract). Perhaps this is where the social contract overlaps with business contracts: Perhaps trust is the ink in the pen, fluid until it sets.

When I chose to marry, my intent was to make a promise to myself as much as to my wife. Our vows were on a beach. We didn’t have a signing ceremony, although we did receive an official certificate of participation. We began the business of living together not in a contractual sense but as a memorandum of understanding. We recognized there may be grey areas, yet we would make space for amendments. We never wanted to let ourselves down during our association.

I’m a romantically formal guy in one sense: On that beach we signed our Magna Carta: A loving charter of rights and privileges between two souls.