In the past, couples entered into prenutial agreements with some degree of uncertainty as to their validity. Today, the presumed validity and applicability of such agreements in states that have adopted upSA/UPMAA, including Florida, Virginia, New Jersey and California are no longer in question.  A marriage contract is only valid if it is concluded before the marriage. Once a couple is married, they can draw up a post-marital contract. Some federal laws apply to terms that may be included in a prenutial agreement. Sponsor a marriage contract through the publisher. The affidavit of support creates a 10-year contract between the U.S. government and the sponsor that requires the sponsor to financially support the immigrant fiancé from the sponsor`s own funds.  As specifically stated on Form I-864, divorce does not terminate the sponsor`s support obligations owed to the U.S.
government, and the immigrant spouse is entitled, as a third-party beneficiary, to the sponsor`s undertaking to sponsor support in Affidavit I-864. Therefore, any waiver of support must be formulated in their prenuptial agreement in a way that does not violate the contract that the U.S. sponsor enters into with the government by providing the affidavit of support, otherwise there is a risk that it will be declared unenforceable. Canon Law: Letter and Spirit, a commentary on canon law, explains that this condition can be defined as “a provision by which an agreement is subject to the verification or fulfillment of a circumstance or event that is not yet certain.” He goes on to say that “any condition attached to the future of conjugal consent will invalidate the marriage.” For example, a marriage would be invalid if the parties have determined that they must have children or that they have the right to divorce and remarry someone else. [Citation required] These agreements may fall under the Indian Contract Act of 1872. .