In addition, in some cases, a marriage may or may not be non-aigal. Mike and Carol are getting married. Mike is a widower with three sons. Carol is a widow with three daughters. Both have assets that they bring to the marriage, including death benefits they received following the death of their first spouses. Mike and Carol plan to hire lawyers to prepare a marriage pact to ensure that the property they received from their deceased spouses goes to their respective children. 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 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.  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. Only a FYI, 6 weeks is not long enough to make a marriage contract. To do this properly, both parties must disclose financial data, an agreement must be drawn up, possible negotiations, and the other party must then obtain the ILA. And you don`t want the appearance of pressure on a page to be necessary.
I`ve seen that too many agreements fail after (when they come to separation) on the basis of a poorly written marriage contract in haste. 3 months would be a minimum and truthfully 6 months-1 year is ideal. Recently, a movement has developed in some modern Orthodox circles to support an additional marital agreement. This is a reaction to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, local authorities are not in a position to intervene, both for the sake of separation of church and state and because some halachic problems would arise. This situation leaves the woman in a state of aginut where she cannot remarry. To remedy this situation, the movement promotes a marital agreement in which the couple agrees to file their divorce, should it occur, before a rabbinical court. It`s actually both. That`s what makes it so confusing. Each province has its own provincial laws. But the divorce law also applies (and is federal.) You must learn at least two family law laws. Most couples start thinking about getting a marriage contract after one spouse proposes to the other and the proposal is accepted.