Marriage is the only contract we celebrate with champagne when it’s signed, and then pretend never existed.
- Witnesses watched.
- Declarations were made.
- Pens hit paper.
That wasn’t a vibe. That was a binding legal instrument.
Historically, marriage served multiple purposes, including the matrilineal transfer of assets. Dowries, land, lineage. The Romantic Movement didn’t crash the party until the 1800s. Yet in 2025, we still skip the fine-print and rely on “all you need is love.”
Here’s what actually happens when love fails:
- Property law storms in – titles, mortgages, inheritances.
- Family law closes the gate – custody, access, injunctions.
- Criminal law lurks in the shadows – threats, police, AVO’s.
- Estate law marches behind – wills, super, death benefits.
- Litigation funders circle the wagons – “We’ll bankroll your pain for 30% of the spoils.” Clever, but brutal when it could have gone to your children.
While adults trade affidavits, innocent kids trade childhood for courtroom counsellors. They absorb the echo of every affidavit, every overnight hand-over, every lawyer’s letter.
Years later, we ask why they flinch at conflict, when they own multiple sets of pyjamas.
It doesn’t have to be that way.
Write the termination clause before the termination event. Draft a prenup while generosity is high and clarity crisp. The stroke of the pen that you will hold is lighter than the lifetime of resentment you may carry.
Put in writing:
- who keeps the house
- how business shares are allocated
- what “fair” looks like for parenting time
- the dispute-resolution path that isn’t three years in the Federal Circuit Court.
You’d never launch a start-up without a shareholder agreement. Why gift-wrap your entire life to someone without the same protection?
A prenup isn’t unromantic; it is the non-romantic aspects of love (mutual care, respect for each other and the family structure you will create) expressed in a future sense.
It says: “We care about the future story we are about to create, and we won’t let strangers write our ending.”
Your turn: In your family or culture, is talking about prenups still taboo? Or are we finally ready to treat marriage like the contract it already is?