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15th October
2021
written by Tellus

It is important to note that if a marriage contract does not explicitly state how long it must be valid, it means that it remains in force permanently. It will be indefinite unless you and your spouse choose to revoke or change it at a later date. These agreements may fall under the Indian Contract Act of 1872. Section 10 of the Indian Contracts Act states that agreements are considered contracts if they are entered into with the free consent of the parties. [7] However, section 23 of the same Act states that a contract may be void if it is immoral or contrary to public order. [8] As mentioned above, not all marriage contracts are implemented by divorce courts. It`s important to make sure your agreement is considered a fair financial agreement by the court, and the best way to do that is to create it with the help of a lawyer. The laws enacted by states that adopt the UPAA/UPMAA have some differences from state to state, but this legal framework has certainly made it much easier for lawyers to prepare enforceable prenutial agreements for clients by clearly specifying the requirements. For example, under Florida law, there is a very substantial difference in what is required to enter into a legally binding marriage contract compared to a post-secondary contract.

In order to effectively waive the spouse`s rights that would normally be available to a surviving spouse under Florida law (such as property, elective shares, exempt property, family allowances, etc.), the parties must fully and fairly disclose their assets and liabilities before entering into a subsequent contract. .

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