Simply put, a conjugal agreement (also known as a pre-marital agreement or agreement of intent) is a contract signed by a couple before marriage to determine their finances in the event of a divorce. “Marriages include how a couple shares their finances, which is the separate property of each party (with which they would enter into the marriage) and how they would divide their home,” Schpoont says. “It can delineate how they would divide marital property, including marital debts – that is, what they have, but also what they owe – and it can also indicate how long a spouse or child can stay in a marital home during a divorce. Here are a few other points they can understand about marital agreements: when couples fall in love and refuse marriage, the extreme of their head is the thought of divorce and inheritance separation. That is quite understandable. Caught up in the excitement of starting a new life together, it can be hard to imagine a time when you can separate yourself and follow your own paths. But the truth is that 40% to 50% of marriages in the United States end in divorce. and part of planning for the future as a married couple is looking at all eventualities, even those you may prefer not to think about. For many couples, this plan involves a marital agreement. 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. While marital agreements aren`t as funny as thinking wedding or honeymoon cakes, they can help you avoid financial problems later in life. Some couples may feel that a prenup has a divorce osmosis, but it can actually be a great opportunity to come to the same side to plan your future together. To help you, we consulted Sandra L. Schpoont, a lawyer and partner at Schpoont-Cavallo LLP, and Robert Wallack, a divorce lawyer and founder of The Wallack, a marriage and family law firm.
In India, marital agreements are very rare and have no laws in force. However, in the face of rising divorce rates, there is a growing interest in them.