In South Africa, a civil marriage or a union of the right of life is by default a marriage in a community of ownership. To marry from the condominium, the parties must sign, before their marriage, a registration contract in the presence of a notary and the contract must be registered with the Property Affairs Office within three months of the signing of the contract. 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.
Marital agreements may restrict the ownership and support rights of the parties, but also guarantee the right of one of the parties to seek or obtain assistance up to a certain limit. It may be impossible to set aside a properly designed and executed prenup. A prenup is able to dictate not only what happens when parties divorce, but also what happens when they die. You can act as a contract to make a will and/or remove any ownership rights over the property, estate, estate, right to predetermined inheritance and the right to act as executor and administrator of the spouse`s estate.  A marital agreement is different from the historical marriage regime, which was not primarily about the effects of divorce, but on the constitution and sustenance of dynastic families or on a divorce regime established by the parties as part of the dissolution of their marriage. You can also create a post-uptiale chord to replace a previously written pre-agreement. This may be a good option if your spouse`s circumstances and wishes have changed dramatically since signing the marriage contract. If you are interested in developing a post-uptial agreement for you, be sure to work with an experienced lawyer to make sure it is well done. In drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership, which is practiced in some variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married.
Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing. Whether you`ve cancelled your marriage pact or just haven`t made it until you`ve been married, you still have the option to create a post-uptial agreement. This type of document is becoming more common as married couples decide to take steps to ensure that their property is protected during a divorce.