Conditions Of Prenuptial Agreements

Couples can design parenting plans with proposed agreements on custody, visitation, child-raising and support when they separate, but parents should not include these conditions in a prenup. The court will not even take into account the conditions relating to the custody of the children in the context of a marriage contract and may, in certain circumstances, lead the court to invalidate the entire agreement. Judges examine marriage contracts in detail to look for anything that tends to provide a financial incentive for divorce. If a provision can be read to promote divorce, the court will annul it. In the past, the courts considered any provision detailing the distribution of property as an encouragement to divorce, because society has an interest in opposing the divorce. That`s why judges are so attentive. These agreements can be entered into under the Indian Contract Act of 1872. Many legal scholars believe that these contracts are important because they can address potential issues such as debt, financial planning, interfaith litigation, and property sharing in the event of death or divorce, making three main things. In the past, couples have entered into pre-marital agreements with a degree of uncertainty as to their validity. Today, the presumed validity and applicability of such agreements is no longer at issue in the states that have adopted the UPAA/UPMAA, including Florida,[24] Virginia,[25] New Jersey,[26] and California.[27] [28] The marriage contract in Thailand is signed on the basis of the mutual agreement of the man and woman who wish to marry. . . .