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. There are several ways to attack a marital agreement in court.
These include lack of volunteerism, lack of scruples and lack of disclosure of assets.  In all U.S. states, it is not permissible to address issues relating to children of marriage, particularly custody and access issues.  The reason is that children`s issues must be decided in the best interests of children.  However, this is controversial: some people think that, as custody disputes are often the worst part of a divorce, couples should be able to settle this in advance.  The 2014 Law Commission report on spousal property accepted the decision in the write-offs in general and recommended the creation by Parliament of a “qualifying marriage pact” that would create a fully binding pre-marital agreement as long as certain requirements were met. The Commission`s recommendations have yet to be implemented. Marriage contracts are recognized in Australia by the Family Law Act of 1975 (Commonwealth).  In Australia, a marriage contract is called binding financial agreement (BFA).  While the laws enacted by the states that adopt the UPAA/UPMA have some state-to-state differences, this legislative framework has certainly made it much easier for lawyers to prepare enforceable marriage contracts for clients by clearly defining 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.