These agreements can be covered by the Indian Contract Act 1872. Section 10 of the Indian Contracts Act states that agreements must be considered contracts when they are concluded by the free consent of the parties. [7] Section 23 of the same statute states that a contract may be non-sour if it is immoral or contrary to public policy. [8] Goa is the only Indian state in which a marriage is legally applicable, since it complies with the Portuguese Civil Code of 1867. At the time of marriage, a marital agreement indicating the ownership regime may be signed between the two parties. If a non-spouse has not been signed, the marital property is simply divided equally between the man and the woman. [9] [10] When drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership practiced in certain variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married. Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing. A pre-marriage contract is an unusual one.

It is an agreement between married persons that at least partially contemplates the dissolution of the marriage. The purpose of the agreement is unique: no other contract can deal with issues such as child protection, child rearing and sped custody. The relationship between the parties is special: the contract is not concluded by two parties who work on an arm`s length, but by two people who are preparing to marry. The contract is applicable without consideration or exchange of value, while most contracts must be taken into account. Finally, the contract can only be applied years after its creation. Although exceptional, pre-marital agreements have become increasingly popular in the United States. In South Africa, a civil marriage or a union of the right of life is by default a marriage in a community of ownership. To marry from the condominium, the parties must sign, before their marriage, a registration contract in the presence of a notary and the contract must be registered with the Property Affairs Office within three months of the signing of the contract.

In short, for a marital agreement, a prenupe is a legally binding contract two people to sign before they marry, financial matters and the future of fortune in the event of divorce, said Kelly Frawley, partner in the Department of Marriage and Family at Kasowitz Benson Torres LLP, said Business Insider.