Marital conventions are civil, so Catholic canon law does not exclude them in principle (for example. B to determine how property is distributed among children in a previous marriage after the death of a spouse). Prenups are more popular than ever, according to a recent survey by the 1,600-member American Academy of Matrimonial Lawyers (AAML). 63% of divorce lawyers in the survey reported that marriage contracts have increased over the past three years, and the main reason 80 percent of respondents voted for prenupes is “separate property protection.” 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. Unfortunately, the negative connotation, often associated with marital agreements, discourages many couples from discussing the essential legal benefits of premarital contracts. Many lawyers believe that these contracts are important because they can address potential issues such as debt, financial planning, inter-religious conflicts and real estate sharing in the event of death or divorce, which makes three main things. Currently, 28 states and the District of Columbia have adopted an updated version of the Uniform Premarital Agreement Act (UPAA) or the Advance Agreements Act (UPMAA). The UPAA was adopted in 1983 by the Uniform Law Commission (ULC) to promote greater uniformity and predictability between state laws with respect to these contracts in an increasingly temporary society. The UPAA was partially enacted to ensure that an effective prenup in one state is awarded by the courts of another state where the couple could obtain a divorce. UpMAA was created in 2012 by the ULC to clarify and modernize the laws of the inconsistent state and create a uniform approach for all marital and post-enforcement agreements that: the parties can disclose about what is provided and there is no certification requirement, but this is good practice. There are special requirements when the parties sign the agreement without a lawyer, and the parties must have an independent lawyer when they limit spousal assistance (also known as simony or spousal support in other states).