Antenuptial Agreement Or Contract

Some federal laws apply to the terms that may be contained in a pre-marital agreement. The Retraitment Equity Act (REA) of 1984, signed by President Ronald Reagan on August 23, 1984, caused confusion as to whether ERISA anticipates the state`s divorce laws, thereby preventing retirement plans from complying with court injunctions that gave a spouse a portion of the worker`s pension in a divorce order. [48] A marriage contract may include waiver statements in which either spouse agrees to release all claims against the other`s retirement pension arising out of the marriage, both under state and federal laws, such as in the REA. In Judaism, the Ketubah, a marriage contract, has long been established as an integral part of Jewish marriage and is signed and read at marriage. It contains the obligation for the husband to support his wife by providing her with food, clothing and sexual relations and by providing the wife`s assistance in the event of divorce or the death of the husband. Mandatory requirements regarding the content of the marriage contract are laid down in article 93 of the Ukrainian Family Code, which provides that the marriage contract governs property between spouses and defines their property rights and obligations. The marriage contract can also determine the property rights and obligations of the spouses as parents, but with certain restrictions. The personal relations of the spouses cannot be governed by the marriage contract, as can the personal relations between the spouses and their children. This rule is also provided for in Article 93 of the Ukrainian Family Code.

Marriage contracts that reduce the rights of children and put a spouse in poor material condition are not allowed under the above-mentioned mandatory regulations. Under the marriage contract, neither spouse may acquire immovable property or other property necessary for State registration. [14] Even in states that have not adopted up TOAA/UPMAA, such as New York, duly executed marriage contracts enjoy the same presumption of legality as any other contract. [32] It is not necessary for a couple signing a marriage contract to use separate lawyers to represent them, as long as each party understands the agreement and voluntarily signs it with the intention of being bound by its terms. . . .