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Russell D. Knight, a divorce lawyer in Florida, says that people often want a prenup, so they can keep what they put into marriage, which usually already protects the law – when financial assets are mixed, things get complicated, and as Knight points out, it happens more easily than they think. Independent legal advice focuses on the fact that any party with another lawyer explains the terms of the agreement to them and informs them of what is in their best interest. While it is not normally necessary for parties to a conjugal agreement to have independent lawyers, it may serve as an additional safeguard clause. Courts will be more inclined to abide by the terms of a marriage pact if it is clear that both parties had their own lawyer and that they understood the agreement they reached. When couples fall in love and refuse marriage, the extreme of their head is the thought of divorce and the division of property. 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. These agreements can be covered by the Indian Contract Act 1872.

Section 10 of the Indian Contracts Act states that agreements must be considered contracts when they are concluded by the free consent of the parties. [7] Section 23 of the same statute states that a contract may be non-sour if it is immoral or contrary to public policy. [8] The laws enacted by the states that adopt the UPAA/UPMA have some state-to-state differences, but this legislative framework has certainly made it much easier for lawyers to prepare marital agreements that are valid for clients by clearly specifying the requirements. For example, under Florida law, there is a very significant difference in what is needed to enter into a legally binding marriage agreement compared to a post-marriage agreement in. To effectively waive the rights of spouses that are generally available to a surviving spouse under Florida law (e.g.B. firm, electoral percentage, free wealth, family allowances, etc.), parties must present their assets and commitments in a comprehensive and fair manner before entering into a post-employment agreement.