Recently, a movement has emerged in some modern Orthodox circles that supports an additional marriage contract. This is a reaction to an increasing number of cases where the husband refuses to grant a religious divorce. In such matters, local authorities are not in a position to intervene, both for the sake of the separation of Church and State and because certain halakhic problems would arise. This situation leaves the woman in a state of aginut in which she is unable to remarry. To remedy this situation, the movement promotes a marriage contract in which the couple agrees to proceed with their divorce, in case it occurs, before a rabbinical court. A subsequent contract can be concluded to protect a parent who remains at home (SAHP) by ensuring that he has adequate financial resources in the event of divorce. You can also determine the duration of a prenoptial agreement and how items can come in or out depending on how long the marriage lasts. The marriage contract (marriage contract) can be concluded by a woman and a man who have applied for registration of their marriage, as well as by the spouses. Minors who wish to enter into a marriage contract before registering the marriage must have signed consent from their parents or notarized guardians.

Goa is the only Indian state where marriage is legally enforceable as it follows the Portuguese Civil Code of 1867. At the time of marriage, a marriage contract can be signed between the two parties, in which the property regime is fixed. If a marriage has not been signed, matrimonial property is simply divided equally between husband and wife. [9] [10] Judges review prenaptial agreements in detail to look for anything that tends to provide a financial incentive for divorce. If a provision can be read to encourage divorce, the court will overturn it. Previously, the courts considered any provision detailing how property is divided as an encouragement to divorce, as society has an interest in opposing the divorce. That is why the judges pay so much attention to it. A prenup is a form of protection for both parties entering into marriage. A prenutial agreement can protect your funds and assets that you hold before the marriage is concluded. A prenup can also define the amount of debt that each person may owe before marriage and make each person liable for those amounts. In the unfortunate case of a divorce, a prenup can be extremely useful as it is an agreement on many of the key issues that should be determined in the context of a divorce.

Often, a prenutial agreement helps ease tensions and conflicts in a divorce process. It often helps protect previous children if you were to die without a will. In some countries, including the United States, Belgium and the Netherlands, the marriage contract provides not only for what happens in the event of divorce, but also for the protection of part of the property during the marriage, for example in the event of bankruptcy. Many countries, including Canada, France, Italy and Germany, have matrimonial arrangements, in addition to or, in some cases, instead of prenutial agreements. .