A marriage contract is a type of contract entered into by two people before marriage. This contract could describe the responsibilities and property rights of each party for the duration of the marriage. The terms and conditions for sharing financial assets and responsibilities related to the dissolution of marriage are more often defined. When a U.S. citizen decides to marry an immigrant, that person often serves as a visa sponsor to ask his fiancée to enter or stay in the United States. The Dept. Homeland Security requires that persons who sponsor their fiance come to the United States on a visa to make a declaration of support[49] and it is important to consider the obligation under oath to support a U.S. sponsor about to sign a pre-married agreement. The Asidavit of Support establishes a 10-year contract between the U.S. government and the sponsor, which requires the sponsor to financially support the fiancé on its own resources. [50] As expressly stated on Form I-864, divorce does not end the obligations of assistance owed by the promoter of the U.S. government and the immigrant spouse to rights as a third party beneficiary of the sponsor`s promise of support in the affidavit I-864.

As such, any waiver of support in their marriage contract must be formulated in a manner that is not contrary to the contract that the U.S. sponsor makes with the government by providing affidavit support or may be declared unenforceable. Some federal laws apply to conditions that may be included in a pre-marital contract. The Withdrawal Equity Act (REA) of 1984, signed on August 23, 1984 by President Ronald Reagan, reconciled confusion over whether ERISA anticipated state divorce laws, thereby preventing pension plans from complying with court injunctions granting a spouse a portion of the worker`s pension in a divorce decree. [48] A matrimonial agreement may include exceptions whererightly agrees to revoke all rights against the other`s pension benefits arising from state and federal marriage laws, as in the context of the REA. Marriage contracts are recognized in Australia by the Family Law Act of 1975 (Commonwealth). [55] In Australia, a marriage contract is called binding financial agreement (BFA). [56] There are many, but “one of the main reasons to sign a prenup is to deviate from what the law would provide in the event of a divorce,” says Elysa Greenblatt, a divorce lawyer in NYC. “People often want to protect their wealth from distribution, and a prenup is the obvious answer. There are other reasons that do not come to mind as quickly as when a party has a child from a previous marriage – it may be important to have a prenup so that the parent can support that child with a marital income.


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