Antenuptial Agreement Definition

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. A sunset arrangement can be inserted into a marriage agreement stipulating that the contract expires after a specified period. In Maine, it automatically expires after the birth of a child, provided the parties do not renew the contract if the parties do not renew the agreement.

[44] In other countries, a number of years of marriage will result in the expiration of a marriage. In countries that have adopted the Uniform Premarital Agreement Act (UPAA), there is no sunset provision in the law, but one could be under private contract. Note that the states have different versions of the UPAA. Post-nuptial agreements are similar to marital agreements, except that they are made after a couple`s marriage. [4] When divorce is imminent, post-uptial agreements are called separation agreements. [5] In 2015, the U.S. Supreme Court granted same-sex marriage the same legal basis as same-sex marriage in the case of Obergefell v. Hodges (decided June 26, 2015).

The consequence of the Supreme Court decision is that a pre-marriage contract entered into by a same-sex couple in one state is enforceable in the event of a divorce in another state. [47] In some countries, including the United States, Belgium and the Netherlands, the matrimonial agreement provides not only for what happens in the event of divorce, but also to protect certain assets during marriage, for example in the event of bankruptcy.B.