Legal Definitions - ad sustinenda onera matrimonii

ad sustinenda onera matrimonii

This Latin phrase, originating from Scots law, translates to "to bear the burdens or expenses of the married state." It refers to financial provisions or assets intended to support a married couple in managing the ongoing costs and responsibilities associated with their union and household.

Here are some examples illustrating this concept:

• Example 1 (Historical Family Settlement): In 18th-century Scotland, a wealthy family might have drawn up a marriage contract for their daughter. This contract could have included a provision for a specific sum of money or a piece of property to be settled upon the newly married couple, explicitly stating that it was "ad sustinenda onera matrimonii." This meant the funds were designated to help the couple establish and maintain their household, cover living expenses, and support any future children, rather than being solely for the bride's personal use.

  This illustrates the term by showing a direct financial contribution intended to support the joint financial responsibilities and ongoing costs of the marital household.

• Example 2 (Trust Fund Provision): Imagine a modern trust document, drafted in a jurisdiction that respects historical legal language, where a grandparent establishes a fund for their grandchildren. The trust might stipulate that a portion of the inheritance is to be released to each grandchild "ad sustinenda onera matrimonii" upon their marriage. This would mean the funds are specifically earmarked to assist the newlywed couple with significant shared expenses, such as a down payment on a home, furnishing their first residence, or managing the initial years of shared financial life, rather than being a general inheritance.

  This demonstrates the term by highlighting a specific financial provision designed to help a couple manage the substantial financial "burdens" that often accompany the early stages of marriage.

• Example 3 (Marriage Contract Clause): Consider a historical marriage agreement where one family agreed to provide the other with a certain number of livestock and a parcel of land upon the marriage of their children. The contract might specify that these assets were transferred "ad sustinenda onera matrimonii." This clause would signify that the purpose of these assets was not merely a gift, but a practical contribution to ensure the financial stability and ongoing ability of the married couple to sustain their farm, feed their family, and meet their communal obligations.

  This example illustrates the term by showing how assets, beyond just money, could be specifically designated to help a married couple bear the practical and financial "burdens" of their shared life and responsibilities.